QUESTION
How can I file for a worker’s compensation for a back and neck injury two years ago?
Asked on Sep 11th, 2012 on Personal Injury - Georgia
21 ANSWERS
Motor Vehicle Accidents Attorney serving Lincoln, NE
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Lapin Law Offices
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Depending on what, if anything, has occurred regarding your word-related injury so far, you may not be able to do anything regarding your injury. Generally, the statute of limitations for workers' compensation cases is the later of: (1) the date of your injury or (2) the date of the last payment by the employer or its workers' compensation insurer. If no payments have been made with regard to your neck and back injury and more than 2 years has elapsed since you were injured, the statute of limitations may have expired and you, assuming this is a raised as defense by your employer if you sue, your case would be dismissed. One exception to this 2 year statute of limitations rule is if you notified your employer about your injury shortly after it occurred but your employer never reported your injury to the Nebraska Workers' Compensation Court as required by law. Assuming you are within the 2 year statute of limitations (or the exception applies) you had to have reported your injury to your employer as soon as possible after you were injured. If your employer has never been notified of your work injury, this could also prevent you from collecting any workers' compensation benefits. Assuming you are within the statute of limitations and you had promptly notified your employer about your injury you would then just need to contact the employer or its workers compensation insurer and notify them that you want to continue your workers' compensation case. If it has been a long time since you have received any treatment for your injury you may need to prove that the problems now are related to your work-injury. In most cases, this proof must come from a doctor. I would suggest talking to a workers' compensation lawyer. Most offer a free intial consultation so it will not cost you anything to learn more about your rights and options.
Answered on Sep 17th, 2012 at 5:23 PM
WHY did you wait for so long? HOW can you PROVE that your injury is connected to your old job? File at a Workers' Comp. Office. Retain an attorney. You generally have three years on this. Move ASAP!
Answered on Sep 17th, 2012 at 5:22 PM
In Iowa all work related injuries must be reported to the employer within 90 days of the injury; then all claims must be made within 2 years of the injury date or if weekly benefits are paid, within 3 years from the last date when benefits were paid.
Answered on Sep 17th, 2012 at 5:22 PM
Your "Application for Adjudication" is the document which initiates your workers compensation case. There is going to be a statute of limitations (or deadline to file) issue with your case. There are many circumstances which could trigger an extended period of time for you to file your application. You need to consult with an experienced Workers Compensation attorney to make that determination.
Answered on Sep 17th, 2012 at 5:20 PM
Personal Injury Attorney serving Richmond, VA
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Blank & Marcus, LLC
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Go the workers compensation commission. You do not have much time.
Answered on Sep 17th, 2012 at 5:20 PM
Ronald A. Steinberg
It may be too late. I am not sure, but I think that you have to file a comp case within 2 years.
Answered on Sep 17th, 2012 at 5:20 PM
Criminal Defense Attorney serving Montrose, NY
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Law Office of Jared Altman
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You need to consult with a workers compensation specialist.
Answered on Sep 17th, 2012 at 5:19 PM
Personal Injury Attorney serving Pacific, MO
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Melvin G. Franke
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See an experienced work comp attorney.
Answered on Sep 17th, 2012 at 5:19 PM
Plaintiff Animal Bites Attorney serving Missoula, MT
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Bulman Law Associates PLLC
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Why waste the time, paper or electrons? It is too late.
Answered on Sep 17th, 2012 at 5:18 PM
Civil Litigation Attorney serving Aptos, CA
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Richard E. Damon, P.C.
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Consult an attorney. It looks like you are too late, however.
Answered on Sep 17th, 2012 at 5:18 PM
Steven D. Dunnings
Might be too late.
Answered on Sep 17th, 2012 at 5:17 PM
Personal Injury — Plaintiff Attorney serving Taylor, MI
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Downriver Injury & Auto Law
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In most cases you have one year to bring a claim.
Answered on Sep 17th, 2012 at 5:17 PM
Employment Law Attorney serving Beverly Hills, CA
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Dordick Law Corporation
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The likelihood is you can't because the statute of limitations is one year. But there may be tolling or or some exception. You need to contact a worker?s compensation attorney and get a free consultation right away.
Answered on Sep 17th, 2012 at 5:17 PM
Automobile Negligence Attorney serving Orlando, FL
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Kelaher Law Offices, P.A.
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If you didn't make a comp claim when the accident occurred, and have let two years go by without making a claim, it is too late to make one now.
Answered on Sep 17th, 2012 at 5:16 PM
Litigation Attorney serving Olean, NY
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Black, Lyle & Habberfield, LLP
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You're likely time barred but, it starts with filing with your employer. Good luck.
Answered on Sep 17th, 2012 at 5:16 PM
In Iowa you have to file a workers compensation claim within 2 years of the date of the injury or 3 years of the date you last received a weekly workers compensation benefit- whichever is later. In certain circumstances that deadline can be extended if you do not know the seriousness or compensability of your condition until a later date. You would likely need to have an experienced Iowa Workers? Compensation Attorney to file a formal claim.
Answered on Sep 17th, 2012 at 5:16 PM
You may contact and consult with the Indiana Worker's Compensation Commission to see if you can still file a timely claim.
Answered on Sep 17th, 2012 at 5:16 PM
Lisa Hurtado McDonnell
Why didn't you file it with your employer at the time of injury? You can file it but it going to more difficult to prove that you were injured on the job. Did you at least file a accident/injury report with your employer? Did go see a doctor at time of injury? If you want to come in for a free workman compensation evaluation consultation.
Answered on Sep 17th, 2012 at 5:15 PM
Personal Injury Attorney serving Charlotte, NC
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Paul Whitfield and Associates P.A.
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You may have a problem unless the claim was reported at the time it happened, contact the NC Industrial Commission and get claims forms. Should be on IC website.
Answered on Sep 17th, 2012 at 5:15 PM
Banking Attorney serving Miami, FL
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The Barrister Firm, P.A.
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You would need to confirm the statute of limitations because you may be too late.
Answered on Sep 17th, 2012 at 5:15 PM
Workers Compensation Attorney serving Atlanta, GA
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The Law Offices of Laura M. Lanzisera
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Did you ever receive benefits? Medical treatment? Call an attorney.
Answered on Sep 17th, 2012 at 5:14 PM