Is it too late to hire a workers comp attorney? 29 Answers as of July 11, 2013I injured my back at work in July of last year 2010 and had to have lumbar fusion surgery. I'm finished with physical therapy and my doctor is recommending I cannot return to my prior duties. Is it too late to hire an Attorney? I did not hire one at first because it was my intention to return to work.
Patrick M Lamar Attorney | Patrick M Lamar
No it is not too late. You have two years from the date of injury or two years from the date of the last TTD check to file whichever is later. You are still well within your statute just on the injury date alone. Good luck.
Answer Applies to: Alabama
Law Office of Jared Altman | Jared Altman
No. It is absolutely not too late to hire a workers compensation attorney. Your question involves a very specific and specialized area of law. I can refer you to an appropriate attorney but I am not comfortable doing so without speaking to you first. If you want a referral then please contact me. Also, if your injury was caused by a person who was not your employer or a co-employee of your employer, then you may have what is called a third party case where you can sue for pain and suffering. That is a lot more than you would get in workers compensation.
Answer Applies to: New York
Lacy Fields, Attorney at Law, LLC | Lacy Fields
No, it's not too late. You can hire an attorney at any time provided that you have an existing claim. Depending on whether your employer is aware of the injury, you have 2 to 3 years to file a claim. My office handles many workers compensation claims and we are happy to give you a consultation if you want more information.
Answer Applies to: Missouri
The Reed Law Firm, P.L.L.C. | Vanessa Reed
No, it is never too late to hire an attorney. However, the delay may have prejudiced your rights, but not necessarily. I would recommend meeting with a workers' compensation attorney immediately to protect your interests.
Answer Applies to: Virginia
Ewusiak & Roberts, P.A. | Christopher J. Roberts
You should speak to an attorney immediately. There may be a two year time limit on your claim or an even shorter limit depending on your particular circumstances. Talking to a lawyer immediately will help ensure that you preserve your rights. Good luck.
Answer Applies to: Florida
Anderson & Bliven, P.C. | Alex Evans
From what you have described, it does not sound like that it would be too late to hire an attorney. Montana Workers Compensation law requires a claimant to notify its employer within 30 days from the time the injury occurred. If you have been receiving treatment and workers compensation has been paying for it, you probably complied with the 30 day requirement. Without further information, I would advise you to meet with an attorney immediately to see if there might be some other type of time limitation that may apply to your case. Our firm handles workers compensation, personal injury and Social Security Disability cases. I would be happy to discuss your case with you if you would like.
Answer Applies to: Montana
Brown, Moore & Associates, PLLC | Jon R. Moore
In North Carolina it is not too late. The law requires that an employer be put on notice within two years of the date of injury, otherwise the claim will be deemed barred. If your employer paid for your medical care then your employer should already be on notice. If your employer did not pay for your medical care, then an attorney should be hired to address that issue. In either event, it would be prudent to retain an attorney to ensure the proper filings with the North Carolina Industrial Commission are completed, and to protect your right to recover prospective disability benefits given that you cannot return to your prior employment.
Answer Applies to: North Carolina
Barry Rabovsky & Associates | Barry Rabovsky
It is not too late for you to hire an attorney in your case (there is a three-year time limit for work injuries in Illinois). You may have a case, based upon the information that you have supplied. From the information that you have supplied, it sounds like you have a very good case.
Answer Applies to: Illinois
Garruto & Calabria, LLC | Andrew F. Garruto
Given the date of your accident, no it's not too late. The time period in which to file a Claim Petition in the Workers' Compensation Division may be extended upon receipt of benefits from your employer (most likely their workers compensation insurance carrier), but this could mislead you. If you're not aware whether your benefits are being paid by your employer's workers compensation company compared to your employer-provided health insurance, then you can't be certain when the statute of limitations runs. You should speak with an attorney sooner rather than later to make sure that you are getting the appropriate benefits by the appropriate carrier.
Answer Applies to: New Jersey