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  1. #1
    Join Date
    Apr 2019
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    3

    Default Can You Sue a Company Over a Work-Related Injury After Fifteen Years

    My question involves workers compensation law for the state of: connecticut
    In 2003 while doing a travel nurse assignment in the state of connecticut I was carjacked and raped while leaving work. The company that I was working for immediately filed a workers comp claim on my behalf. they paid me and my medical bills for about 4 mos then the state came in and said that I couldnt get workers comp because I was not on the floor doing nursing care. I was being paid to be in that state period. The traumatic events of that night have stayed with me for years and the man that did it is fixing to get out. I was told that by them fileing that claim that I could not sue them. After that they laid off all nurses in that area and I didint even know that I could have filed for unemployment benefits. Can I go back and sue them and file for the unemployment benefits I should have gotten then?

  2. #2
    Join Date
    Oct 2016
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    3,344

    Default Re: Sueing Company After 15 Yrs

    We're gonna need a state and some details. You can edit your original post or reply to the thread.

  3. #3
    Join Date
    Apr 2019
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    3

    Default Re: Sueing Company After 15 Yrs

    Its Connecticut Thought I put that in there

  4. #4
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    Jan 2006
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    38,783

    Default Re: Sueing Company After 15 Yrs

    Welll, the unemployment is out of the question. I’m not sure what you are considering suing anybody for though. It is likely it is beyond the statute of limitations to sue though.

  5. #5
    Join Date
    Jun 2006
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    Massachusetts
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    24,129

    Default Re: Sueing Company After 15 Yrs

    In order to have been eligible for unemployment benefits, you would have had to have been able to work, actively looking for work and able to accept work if offered to you. Was that the case?

    It's FAR too late now to collect benefits no matter what the answer is, but if you were still unable to work, you would not have been able to collect unemployment even at the time.

  6. #6
    Join Date
    Feb 2008
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    1,146

    Default Re: Sueing Company After 15 Yrs

    were you asked to repay the WC benefits that you got at the time? Or do you mean after 4 months "the state" or your claim was closed? Did you have a settlement given or were you declared fit for duty at that point?

    i don't see anything that you can sue the employer for and usually WC is your only recompense and protects the employer from being sued for injuries in the line of work.

    i am sorry for your situation and have a traumatic experience close to yours 29 years ago and will honestly say the best thing you can do is to speak with a therapist that can help you get through what is popping back up now.

  7. #7
    Join Date
    Oct 2014
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    7,454

    Default Re: Sueing Company After 15 Yrs

    Quote Quoting hr for me
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    i am sorry for your situation and have a traumatic experience close to yours 29 years ago and will honestly say the best thing you can do is to speak with a therapist that can help you get through what is popping back up now.

    Where are you getting 29 years ago? The OP stated the incident occurred in 2003, which makes that 15-16 years ago at this point.

    Still, it is beyond the statute of limitations (SOL) to sue anyone other than perhaps the actual attacker over this now. Moreover, the employer is not responsible for making the unemployment decision and workman's comp would be the only remedy against the employer for the injuries from the attack anyway. So I'm not seeing any claim against the employer out of this. It might be possible to still sue the attacker. Some states have very long SOLs to sue for rape. I have not checked the CT SOL statutes to see what that state provides, however.

  8. #8
    Join Date
    Jun 2006
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    Massachusetts
    Posts
    24,129

    Default Re: Sueing Company After 15 Yrs

    hr for me is saying that, 29 years ago, she had an experience much like the OP's, I believe.

  9. #9
    Join Date
    Feb 2008
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    1,146

    Default Re: Sueing Company After 15 Yrs

    Quote Quoting cbg
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    hr for me is saying that, 29 years ago, she had an experience much like the OP's, I believe.
    Yes, that's exactly what i was saying..my occurrence was 29 years ago and over the years, I've had to deal with it more than I've wanted to but have had some things that have helped me do so. I was personally hoping to help the OP in a different way .... as a survivor with more life experience/years...

  10. #10
    Join Date
    Jan 2015
    Posts
    1,142

    Default Re: Sueing Company After 15 Yrs

    Yes, unemployment insurance is profoundly out of the question, as to draw benefits, it must be based on that separation, filed while you still have usable wages from that employer in the quarters in question. If you hadn't worked, those wages would've gone away after about two years. Even if you have worked since then, there would be other wages and other separations long since pushing ahead of the situation 15 years ago. Unemployment wages to set up claims only go back 18 months and roll forward every quarter. So not knowing you could've filed then but you didn't is very irrelevant now. Also, in order to qualify, you must be able, available and actively seeking other work, which you may or may not have been back at that time. No way it could be determined now.

    As for worker's comp, I will defer to those other posters who know more. But it sounds as though you are seeking reparation for something terrible that happened to you a long time ago. Therapy is probably your best route. I'm sure your anxieties have been triggered tremendously by the knowledge that this person is being released, and hope you can get help to deal with them.

    I doubt if a person who is just getting out of prison after 12-15 years served is going to be much of a good target for a lawsuit unless he happens to be from a very wealthy family. And even so, you could re-open this whole wound, re-hash everything that happened and still not get a substantial amount of healing or reparation from it. It sounds purely terrible to me. As Jacy Duggard said about her kidnappers, she doesn't want to let them steal any more of her life from her. Get help to move forward.

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