Can I still file the workers comp claim or is it too late? 17 Answers as of November 27, 2013

I have a massive full thickness tear in my shoulder. I have been out of work for 3 months. My FMLA has run out and my company who I have been with for 6 years has let me go. I never filed a worker’s comp claim but my injury was a direct result of my job. Can I still file the workers comp claim or is it too late? I am currently getting short-term disability.

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LAW OFFICES OF ARMAN MOHEBAN | ARMAN MOHEBAN
Yes you still can. You need to file a claim for worker's compensation benefits that cover temporary disability benefits , ongoing medical treatment and a settlement for permanent disability and future medical care.
Answer Applies to: California
Replied: 11/27/2013
Doroshow, Pasquale, Krawitz & Bhaya | Donald E. Marston
If your injury happened 3 months ago, it is definitely NOT too late to file your claim, but you should do so ASAP.
Answer Applies to: Delaware
Replied: 11/22/2013
Robert C. Slim - Attorney at Law
Robert C. Slim - Attorney at Law | Robert C. Slim
You can file a claim if you can prove that the injury occurred while in the course and scope of your employment. But your question fails to describe how you were injured, so it is difficult to give you any further advice.
Answer Applies to: Texas
Replied: 11/22/2013
Law Office of Lisa Hurtado McDonnell | Lisa Hurtado McDonnell
How long has it been since your were injured on the job? Did you report the injury to your employer? Your employer never filed a claim with workman's comp? Who paid your medical bill?
Answer Applies to: Utah
Replied: 11/22/2013
David Hoines Law
David Hoines Law | David Hoines
you need to consult a workers compensation attorney NOW, it may not be too late.
Answer Applies to: Florida
Replied: 11/22/2013
    Law Ofices of Edwin K. Niles | Edwin K. Niles
    Yes; see a workers comp lawyer ASAP.
    Answer Applies to: California
    Replied: 11/20/2013
    Lombardi Law Firm
    Lombardi Law Firm | Steve Lombardi
    That all depends on whether or not you reported the injury to the employer (normally your supervisor) within 90 days of it occurring. Did you? Immediately contact the employer asking for medical treatment for the shoulder injury. I would suggest doing it in writing.
    Answer Applies to: Iowa
    Replied: 11/20/2013
    Law Offices of Ronald A. Steinberg & Associates | Ronald A. Steinberg, BA, MA, JD
    Yes you can file a workers compensation case. Get a lawyer. Check out the possibility of suing also for wrongful discharge.
    Answer Applies to: Michigan
    Replied: 11/20/2013
    Andrew T. Velonis, P.C.
    Andrew T. Velonis, P.C. | Andrew Velonis
    You ask us if it's too late, but you don't tell us when it was that you were injured. In NY you have 2 years.
    Answer Applies to: New York
    Replied: 11/20/2013
    Durham Jones & Pinegar | Erven Nelson
    It depends on the laws in your state, but I think that you should call a workers compensation lawyer ASAP. Let me know if you need any help finding a good lawyer.
    Answer Applies to: Nevada
    Replied: 11/20/2013
    Lewis B. Kaplan | Lewis B. Kaplan
    It is not too late . If this is an Illinois injury I believe I can help.
    Answer Applies to: Illinois
    Replied: 11/20/2013
    Law Offices of Laura Lanzisera, LLC
    Law Offices of Laura Lanzisera, LLC | Laura Lanzisera
    Possibly. It had to have been reported to a supervisor within 30 days. It also has to be filed within a year.
    Answer Applies to: Georgia
    Replied: 11/20/2013
    Pete Leehey Law Firm, P.C.
    Pete Leehey Law Firm, P.C. | Pete Leehey
    Iowa law requires that you give notice of the fact that you have a work injury to your employer or the workers' compensation insurance company within 90 days from the date of the injury. The notice can either be a written notice, or actual notice. The key here is that you must have at least hold management of the company you work for not just that you were injured, but that it was a work injury. If you did that within 90 days, then it is not too late to pursue a workers' compensation claim. The fact that you are currently receiving short-term disability may be an issue. Typically, you can only qualify for short-term disability if the disability is caused by a non-work incident. If you signed something to get short-term disability benefits that says this was not a work injury, that could cause serious problems in an attempt to receive workers' compensation benefits.
    Answer Applies to: Iowa
    Replied: 11/20/2013
    James E. Hasser, Jr. P.C.
    James E. Hasser, Jr. P.C. | Jim Hasser
    Yes, under Alabama law you have 2 years from the date of accident or last payment of compensation, whichever is later, to file a claim or you will be forever barred from doing so. Medical benefits are open for life.
    Answer Applies to: Alabama
    Replied: 11/20/2013
    Musilli Brennan Associates PLLC
    Musilli Brennan Associates PLLC | John F Brennan
    See an attorney with the details now, if the injury was work related it should be a worker's comp claim. If you are in Michigan you are welcome to call Musilli Brennan Associates at 586-778-0900 to engage my firm, and with additional information.
    Answer Applies to: Michigan
    Replied: 11/20/2013
    McMahan Law Firm
    McMahan Law Firm | Van D. McMahan
    It sounds like you still have time to file your workers' compensation complaint. The statute of limitations in a worker's compensation claim is generally 1 year from the date of injury. It could be longer depending upon the circumstances.
    Answer Applies to: Tennessee
    Replied: 11/20/2013
    Wayne J. Wimer, Inc. P.S.
    Wayne J. Wimer, Inc. P.S. | Wayne J. Wimer
    If this happened in Washington state, you should still be able to file for W.C. benefits as long as you can prove that the injury was on the job.
    Answer Applies to: Washington
    Replied: 11/20/2013
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