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Patrick, Esq.
Patrick, Esq., Lawyer
Category: Employment Law
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Experience:  Significant experience in all areas of employment law.
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I was injured on the job in August 2013. Did not file W/C

Customer Question

I was injured on the job in August 2013. Did not file W/C claim because of fear of loosing my job. Two years statute of limitations now in effect. Recently learned that third party remedy would have applied if I had filed the W/C claim timely. The statute of limitations for third part filing in my state is 3 years, so can I still file against third party even though I did not file a W/C claim. State of North CArolina.
Submitted: 1 year ago.
Category: Employment Law
Expert:  Patrick, Esq. replied 1 year ago.

Hello and thank you for entrusting me to assist you. My name is ***** ***** I will do everything I can to answer your question.

No law requires an injured party to file a workers comp claim before suing a third party. This means it is perfectly acceptable to file such a lawsuit after the statute of limitations for bringing a workers comp claim has lapsed. Of course, you must file the personal injury claim within the three year statute of limitations for personal injury claims, but failing to file a workers comp claim is no bar.

I hope that you find this information helpful. Please do not hesitate to let me know if you have any questions or concerns regarding the above and I will be more than happy to assist you further.

If you do not require any further assistance, please be so kind as to provide a positive rating of my service so that I may receive credit for assisting you. Very best wishes moving forward.