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I was injured on the job in August 2013. Did not file W/C…

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I was injured on the...
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: 2 years ago.Category: Employment Law
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2/26/2016
Employment Lawyer: Patrick, Esq., Lawyer replied 2 years ago
Patrick, Esq.
Category: Employment Law
Satisfied Customers: 14,532
Experience: Significant experience in all areas of employment law.
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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.

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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

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