Q: How long can we stop statute of limitation?
Hello.
I got injured during work and the employer promised me to pay for medical fee etc.
It has been 10 years but I have not got paid.
Also, the employer committed various misconducts which their attorney insisted that the statute of limitation was over.
(I filed the case years ago mainly for another reason but it was dismissed as "the case is not to be dealt with in this court" and claim for injury was ignored for unclear reason. Judge did not refer to statute of limitation. I tried to appeal but it was dismissed again due to "delay of payment of the fee" in spite of my explanation. No instruction about how to reinstate was attached)
Questions:
1)How long can we stop statute of limitation if one party promises to compensate?
2)Can I reinstate the case?
3) If reinstated and my claim is accepted can I ask compensation for other issues than injury, even by punitive damages?
Thanks in advance.
A:
1. A promise to compensate doesn't toll (extend) most statutes of limitations.
2. Injuries on the job are usually handled by the Workers Compensation Tribunal
3. Under NY's workers compensation statute you have 2 years to file a claim.
3. If you previously filed a complaint and it was dismissed there may be a way to reinstate the claims, but much more information is necessary in order to fully address that, but if you sued in the wrong tribunal (i.e. state court as opposed to a workers compensation tribunal) and the statute of limitations was not extended or tolled you're likely unable to reinstate the claim.
1 user found this answer helpful
A:
Based upon the information you have provided it appears as if you have missed your day in court. Sorry.
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