Legal Question in Workers Comp in New York

statute of limitations

I used to work for UPS about 4 years ago and while working there i received for workers compensation due to a lower back injury due to muscle strain. A year later I had a relapse of the injury in the form of a muscle spasm. Two weeks ago, my back gave out and I was taken to the emergency room and diagnosed to have muscle spasms of the lower back again. I need to sue UPS because since my employment there i can't stand for long periods of time and apparently i'm goig to have back problems for the rest of my life. What options do I have? Thank you in advance.

Asked on 1/23/05, 10:33 pm

2 Answers from Attorneys

Andrew Nitzberg Andrew Nitzberg & Associates

Re: statute of limitations

You can get worker's compensation benefits continued. SSI is also available.

It is an interesting 'statute of limitations' question whether you can bring an action against UPS directly. First, was UPS wrong or negligent in creating your back problem. That is important.

The fact that the full extent of the injury appeared much later may create an exception to the statute of limitations problem, but it may not. Fighting about this is the type of thing lawyers do.

ps - acupuncture actually does help. It is a great pain-management tool. A 'cleansing diet' is a little 'new-age' for me, but it can help with the pain - check with your local health food store for ways to pursue this.

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Answered on 1/26/05, 2:23 pm

Thomas Reilly Learned, Reilly & Learned

Re: statute of limitations

You cannot sue UPS. You limited to worker's compensation benefits only.

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Answered on 1/24/05, 7:32 am

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