Does my husband have the ability to still get workers compensation?

He should file a workers compensation claim immediately. He also should consider suing the manufacturer of the machine.

Every state has its own workers comp law. In Idaho, if an injured worker has received some benefits (such as payment for medical bills or work loss) from the workers compensation insurance carrier, then he may have up to 5 years to actually file a request for hearing with the industrial commission. After 5 years, he no longer has a legal way to make the insurance carrier pay. The fact that he was laid off should not affect this because it depends on whether or not he was employed at the time of the accident. If no benefits were paid, then there is a shorter limitation period. He should check with an attorney quickly to review the facts and see what the time periods are and whether his situation fits within the time limits.

The statute of limitation is one year to file for a worker's compensation claim. However, there are exceptions to the general rule, such as continued medical treatment and etc..

He had a worker comp case. Why did he now pursue it? Or did he? If he did there is a long shot you might reopen it. See comp lawyer in your area and ask him to look into it. You cannot sue. It is a comp claim.

He has a statute of limitations of three years, you need to contact a personal injury attorney immediately if you wish to take any legal action against the company. You need to check with L&I on the case status. If it wasn't closed, you likely can get treatment.

Perhaps. Contact a Worker's Compensation attorney to determine if the case may be reopened.

Maybe, see a worker's comp attorney now. He may be too late to make a claim.

In Alabama, he has a comp claim and can make it within 2 years of the date of accident. He may also have a third party claim which could possibly get him more money than from comp. The fact he no longer works there makes no difference. He should consult a lawyer familiar with accident and compensation law.

I am very sorry to hear about the injuries suffered by your husband in a work-related injury in 2010. Please note that there is a three-year Statute of Limitations with respect to Workers Compensation Claims in the state of Pennsylvania. In addition, there is a Notice requirement that your husband notify his Employer that he sustained a work-related injury within 120 days of said injury, otherwise, he will lose all rights with respect to any potential wage loss or medical benefits to which is entitled. Assuming your husband did notify his employer regarding his work-related injury in a timely manner, and it is still within 3 years of the date that he sustained said injuries, he would be eligible to file a Claim Petition to attempt to secure Workers Compensation Benefits if it can be shown that his loss of earnings is due to the work-related injury and not some other cause. It would be most helpful to note if his claim was originally acknowledged by his employers Workers Compensation Carrier either via a "medical only" Notice of Compensation Payable or some other Bureau Document. If your husband was working under restrictions when he was laid off and there was an acknowledged work-related injury that resulted in said restrictions he would be eligible for "reinstatement" of his Workers Compensation Benefits as of the date of his layoff. Given the fact that you have described, as well as the fact that the Statute of Limitations may have run and/or may be expiring soon it is my recommendation that you immediately contact an Attorney experienced in handling Pennsylvania Workers Compensation Claims to discuss whether or not your husband has a viable claim at this time. Please note that most Attorneys who handle Workers Compensation Cases will not charge for an initial consultation and will accept your husband's case on a Contingent Fee Basis.

Every state has different laws pertaining to the time within which a claim can be made. If he can get a good comp lawyer, that would be a starting point. Then, it will be up to the treating doctors to link his present problems to the work injury. It goes to show you that being a nice guy is not always so smarthe should have consulted with a comp lawyer a long time ago.

If he made a worker's compensation claim, then if he has intermittently treated, he probably can still treat. If he did not make a comp claim, he still may be able to sue the employer under certain circumstances or he might be able to pursue a product liability case against the manufacturer of the machine that exploded. The statute of limitations on the product liability case is 4 years, so he needs to get to a good lawyer asap.