QUESTION
If I was injured at work in 1995, do I still have a case?
Asked on Jun 18th, 2013 on Personal Injury - Louisiana
More details to this question:
I got injured when I fell off a car lift in 1995. Workman's comp paid claim and two months off. Doctor that examined me said that I sprained my back and that I was exaggerating the pain in my back and neck. I recently had a stroke and my MRI revealed that I have two slipped disc in my neck. I went ahead and had my back done due to my walking condition and they revealed 3 herniated, ruptures. Broken and a tumor (benign) with bone spurs in my lower back. When I was younger, I could take the pain but now I can hardly walk straight and the pain is constant. I recently found the concerns with my back in the last three years.
8 ANSWERS
Ronald A. Steinberg
It depends on when you stopped working for the company. The law is different in every state. Get a workers compensation lawyer.
Answered on Jun 27th, 2013 at 2:39 PM
General Practice Attorney serving Portland, OR
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Furniss, Shearer & Leineweber
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You have the right to file an own motion claim asking for an expanded acceptance to include these condition. I would suggest that you have your doctor, in writing, verify that the major contributing cause was your accepted work injury before doing anything though. You can only prevail if you have a doctor supporting you with the correct opinion. You can't do it, your attorney can't do it. It has to be reliable medical opinion.
Answered on Jun 18th, 2013 at 9:36 PM
Personal Injury Attorney serving Charlotte, NC
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Paul Whitfield and Associates P.A.
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I don't think so. I do not believe you can prove the problems were caused in 1995. No doctor will say what has or has not happened to you in the last 18 years. there is no way to look back 18 years and be certain of anything.
Answered on Jun 18th, 2013 at 9:36 PM
Thomas Edward Gates
You have missed the statute of limitation with your original injury.
Answered on Jun 18th, 2013 at 11:49 AM
Chapter 7 Bankruptcy Attorney serving Syracuse, NY
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Andrew T. Velonis, P.C.
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I doubt that you could re-open the comp case after all this time. Besides, there's no telling that your present problems are due to the accident of so long ago.
Answered on Jun 18th, 2013 at 11:49 AM
Monica Cecilia Castillo-Barraza
In California, a plaintiff has 2 years from the date of injury or from the date of discovery (when it should have been discovered) to bring a lawsuit for personal injuries.
Answered on Jun 18th, 2013 at 11:49 AM
James Eugene Hasser
You can't make a claim for compensation, but you can for medical benefits if your authorized treating physician will say your condition is work related. There are no time limits on a claim for medical benefits. You had 2 years from the last payment of comp for the comp claim.
Answered on Jun 18th, 2013 at 11:49 AM
Brain Injury Attorney serving Baton Rouge, LA
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The Lucky Law Firm, PLC
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So much time has passed, it is very likely that your claim has prescribed. In Louisiana, when a claim prescribes you have lost your legal rights to pursue the claim.
Answered on Jun 18th, 2013 at 11:48 AM