QUESTION
Can I still file worker's compensation 30 days after being hurt?
Asked on Feb 27th, 2013 on Personal Injury - Virginia
More details to this question:
I worked on a job where my back was injured last year. I was told that I was not able to file workman’s comp because I did not respond within 30 days after being hurt. When talking with the PT doctor, she stated that the injury could have been something happening over time, not just the one incident. I would like to know if I could pursue such a situation. I am unable to work and recently filed SSI.
14 ANSWERS
You can still file the claim, but you need a good workers compensation attorney.
Answered on Apr 01st, 2013 at 2:35 AM
James Eugene Hasser
You have 2 years from the date of accident or last payment of compensation, whichever is later, to file a compensation claim. There are no time limits on filing a medical claim, which is open for life. If your treating physician will say you have a work related injury, then you have a claim. I don't know what you mean by not responding within 30 days, but if the employer knew you got hurt, you don't have a reporting problem either.
Answered on Mar 04th, 2013 at 1:00 PM
Ronald A. Steinberg
Yes.
Answered on Mar 01st, 2013 at 11:05 PM
You can still file; you have up to one year if the matter has been rejected. The PT was referring to cumulative trauma injuries which are small, constant or frequent injuries to the back [such as when you have to dig a ditch]
Answered on Mar 01st, 2013 at 2:22 PM
Indiana law requires that you report accidents within 30 days unless you have a good reason for not doing so. Claims cannot be denied for failure to report alone. I suggest you contact an attorney who specializes in work compensation law.
Answered on Mar 01st, 2013 at 2:22 PM
Personal Injury Attorney serving Overland Park, KS
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Ankerholz & Smith
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In Kansas and Missouri, Notice statutes are in effect, but there are some exceptions. Contact an experienced workers compensation attorney to see if any exception to the Notice provision will allow you to make your claim.
Answered on Mar 01st, 2013 at 2:21 PM
Civil Litigation Attorney serving Fort Lauderdale, FL
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Angelo "Tony" Marino, Jr., P.A.
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You should see a workers compensation lawyer to ferret out the facts of the case. If the employer was aware of the injury within 30 days, you are certainly OK. But there are exceptions to the rule. I handle such cases in south Florida.
Answered on Mar 01st, 2013 at 2:20 PM
Chapter 7 Bankruptcy Attorney serving Syracuse, NY
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Andrew T. Velonis, P.C.
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Yes you can still file. In New York you have two years. So, the injury could have been something happening over time, it may still be covered if the conditions that caused the condition were that which you were working under, e.g., repetitive stress injury. You may be in for a fight, but thats why we have a Worker's Compensation Board and lawyers to fight for your rights.
Answered on Mar 01st, 2013 at 2:18 PM
Yes, you have 90 days following the injury to report it. Do it quickly and if you dont get any response after reporting it verbally, do so in writing.
Answered on Mar 01st, 2013 at 2:16 PM
Workers Compensation Attorney serving Torrance, CA
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Law Office of William S. Lindheim
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Yes, you can still file a workers' compensation claim. Normally, the injured worker can file a claim within one year from the date of injury. So, 30 days having passed does not run the statute. If it happens over time, it is called "cumulative trauma" type injury which is still compensable.
Answered on Mar 01st, 2013 at 2:16 PM
Automobile Accidents and Injuries Attorney serving Santa Ana, CA
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Law Offices of Maurice L. Abarr
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If you reported injury or received medical treatment for the injury before you knew job was ending or likely to end and date of injury was not more than a year ago, you probably can still file for Workers Compensation but do not delay and get in touch with a Workers Compensation attorney right away.
Answered on Mar 01st, 2013 at 2:15 PM
Criminal Defense Attorney serving Anderson, SC
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The David F. Stoddard Law Firm
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Yes, you can still file a claim. You have up to two years from the date of the accident
Answered on Mar 01st, 2013 at 2:14 PM
You have a cumulative trauma type of injury that is due to repetitive heavy work. You can still claim workers compensation benefits and receive medical treatment, temporary disability benefits and permanent disability benefits.
Answered on Mar 01st, 2013 at 2:14 PM
Premises Liability Attorney serving Herndon, VA
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Abrams Landau, Ltd.
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The workers compensation law allows an injured Virginia employee to file within 2 years of their sudden on the job accident, however, the insurance company may defend the claim by alleging that they did not have prompt notice so that they were prejudiced in their investigation. As for Social Security, for Disability claims, you must be disabled fro more than 12 months from most jobs in the national economy. It sounds like you should seek the advice of an experienced lawyer who helps disabled workers with BOTH their Social Security AND their Workers Comp claims. If the condition came on gradually, then the Virginia Workers Compensation law may not be of much help, as cumulative trauma cases are difficult to win. Hope that your back continues to heal.
Answered on Mar 01st, 2013 at 2:13 PM