Q: Can I take any legal action for an injury that occurred in January of last year?
I slipped on an icy step they didn't salt in the winter and broke my ankle. I had two surgeries and have healed but am now dealing with neuropathy I didn't have from before the incident. I was told by my company not to take legal action but I no longer work for them and am now living in pain from the lasting effects of the injury and required surgeries. Do I have any possible legal course of action? The place was a residential group home where my company provided in home ABA therapy. The staff neglected to salt their walk and as soon as I stepped out the door, I slipped, fell, and broke my ankle. It was a year and a half ago, but as I said, I was told not to do anything by the company and was too afraid of them to move forward. Now that I don't work for them i wondered if it was too late to seek legal action.
A: It sounds like you may have two different kinds of actions. One is under the workers' compensation law of your state if you were in the course of your employment, which it sounds like you were, and a second action against the owner &/or tenant of the group home for failing to maintain the premises in a safe condition for invitees such as yourself. You should find an attorney who does both personal injury and workers' compensation law you can best advise you as to the laws of your state and make sure you meet the particular rules of that state to bring the claim. You should not delay as there may be notice requirements and/or statutes of limitations that would bar your claim if you do not act in time.
A:
If you are contemplating legal action, consult with an injury/workers' comp attorney without further delay. The time element does create challenges in terms of gathering witness statements, peoples' recollections, and reconstructing the facts of the accident. However, the surgeries provide evidence of a serious injury that would be very credible. As Mr. Pogosky correctly points out, you are looking at two different types of actions, one a workers' comp claim, and the other a separate personal injury claim. Good luck
Tim Akpinar
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