Q: My work injury in October 2013, what is the statute limitations and who would I file a lawsuit against, W.C or employer?

A: i handle accidents that are not work related and you need to contact a workers comp atty.

i do not know the statute of limitations but that is a concern for me.

your employers WC carrier would defend IF THERE IS A LIVE CASE

A: You should contact a local workers comp attorney to discuss your options if any.

A: The statute of limitations depends on the type of injury. Most types of bodily injury claims have a two year statute of limitations. Also, it is unclear who you want to sue. Any claim against your employer would appear to be barred by the exclusivity of the Workers Compensation system. There might be potential claims against third parties, but you appear to have a statute of limitations problem.

A: Statute of Limitations would not apply if the situation is as you write here. You got 2 years of Temporary Total Disability Indemnity checks from a workers comp insurance company, if I read this correctly; THAT means you filed a Workers Compensation Claim with the employer and that employer referred it to its Workers Comp Insurance company, that Comp Insurer accepted responsibility then pain Temporary Total Disability for the 104 weeks required by law. THAT is an accepted workers comp claim, it's still open, it is unresolved. IF YOUR Treating PHysician found you are at Maximum Medical Improvement you need a MMI Report from the primary treating physician. If that doctor DID write you were at MMI and you had no permanent disability then you can object. When anybody objects to the findings of the Treating Physician, then get a Qualified Medical Evaluation (a sort of second opinion). SO: either get the MMI report from the treating doctor or get the QME and get the MMI report rated and make a demand... AND SINCE NOBODY KNOWS HOW TO DO THIS, you should get an attorney to do this now (in Orange County, give Thomas Martin a look; he's excellent and teaches other applicants attorneys!).