Is it too late to hire a workers comp attorney? 29 Answers as of July 11, 2013

I 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.

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Michael Anthony Wing, P.C.
Michael Anthony Wing, P.C. | Michael Anthony Wing
It is not too late. If you are in South Alabama, call our office. We do them every day. You have two years from the last Temporary Total Disability (TTD) payment to file your claim. Stay well.
Answer Applies to: Alabama
Replied: 7/14/2011
Kelaher Law Offices, P.A.
Kelaher Law Offices, P.A. | James P Kelaher
You can still hire a workers' comp attorney, and you could have hired one even if you had intended to return to work, just so you could get all the comp benefits to which you were entitled.
Answer Applies to: Florida
Replied: 7/11/2011
Patrick M Lamar Attorney
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
Replied: 7/8/2011
Dunnings Law Firm
Dunnings Law Firm | Steven Dunnings
Did you ever advise your employer of the work related injury? Have you been off work since the injury?
Answer Applies to: Michigan
Replied: 7/4/2013
Ron Graham Attorney at Law
Ron Graham Attorney at Law | Ron Graham
As long as the claim is still open it is not too late.
Answer Applies to: Ohio
Replied: 7/4/2013
    Law Office of Jared Altman
    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
    Replied: 7/8/2011
    LT Pepper Law
    LT Pepper Law | Luke T. Pepper
    It is not too late to hire an attorney. I assume that you are presently on workers compensation and wondering what happens if your employer disagrees with your doctor's assessment that you cannot work.
    Answer Applies to: Pennsylvania
    Replied: 7/8/2011
    Law Office of Mark J. Leonardo
    Law Office of Mark J. Leonardo | Mark Leonardo
    I believe you have one (1) year from the date of the injury to file. Call a work comp attorney TODAY!! Its already July 7th.
    Answer Applies to: California
    Replied: 7/8/2011
    Lacy Fields, Attorney at Law, LLC
    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
    Replied: 7/8/2011
    Tenge Law Firm, LLC
    Tenge Law Firm, LLC | J. Todd Tenge
    Yes, you can certainly hire an attorney and pursue a claim. But, you need to do so quite promptly. Whether or not you have impaired your rights to some degree, I do not know without knowing more about your situation.
    Answer Applies to: Colorado
    Replied: 7/7/2011
    Kirshner & Groff
    Kirshner & Groff | Richard M. Kirshner
    2 year statute of limitations on a workman's compensation case.
    Answer Applies to: Florida
    Replied: 7/7/2011
    Cody and Gonillo, LLP
    Cody and Gonillo, LLP | Christine Gonilla
    You are free to hire an attorney at any point. From what you state you have not closed out your case with a Stipulation so you will have further proceedings.
    Answer Applies to: Connecticut
    Replied: 7/7/2011
    The Reed Law Firm, P.L.L.C.
    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
    Replied: 7/7/2011
    Ewusiak & Roberts, P.A.
    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
    Replied: 2/21/2012
    Lyle B. Masnikoff and Associates
    Lyle B. Masnikoff and Associates | Lyle B. Masnikoff
    Yes. You can still hire an attorney and pursue your workers compensation claim. You have 2 years from date of accident to file a claim
    Answer Applies to: Florida
    Replied: 7/7/2011
    Allen Murphy Law
    Allen Murphy Law | W. Riley Allen
    No, but you need to get on it as soon as possible.
    Answer Applies to: Florida
    Replied: 7/4/2013
    Anderson & Bliven, P.C.
    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
    Replied: 7/7/2011
    Law Offices of Timothy G. Kearney, LLC
    Law Offices of Timothy G. Kearney, LLC | Timothy G. Kearney
    You have one year from the date of the injury to file. You should contact an attorney immediately to protect your rights. Good luck.
    Answer Applies to: Connecticut
    Replied: 7/7/2011
    The Law Office of Josh Lamborn, P.C.
    The Law Office of Josh Lamborn, P.C. | Josh Lamborn
    No, it is not too late to hire an attorney. Just make sure you find one that specializes in workers compensation law.
    Answer Applies to: Oregon
    Replied: 7/11/2013
    Brown, Moore & Associates, PLLC
    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
    Replied: 7/7/2011
    Barry Rabovsky & Associates
    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
    Replied: 7/7/2011
    The Law Firm of Shawn M. Murray
    The Law Firm of Shawn M. Murray | Shawn M. Murray
    From what you have related it sounds as though it may not be too late for you to hire an attorney. I would be interested in discussing your case with you if you would like.
    Answer Applies to: Louisiana
    Replied: 7/11/2013
    Klisz Law Office, PLLC
    Klisz Law Office, PLLC | Timothy J. Klisz
    It is always worth consulting with a lawyer when your future is at stake.
    Answer Applies to: Michigan
    Replied: 7/11/2013
    Holzer Edwards
    Holzer Edwards | Kurt Holzer
    No it is not too late as long as the injury was reported. But do not delay another day.
    Answer Applies to: Idaho
    Replied: 7/4/2013
    Garruto & Calabria, LLC
    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
    Replied: 7/7/2011
    Rothstein Law PLLC
    Rothstein Law PLLC | Eric Rothstein
    Is your compensation case open? If YES, an attorney can just appear for you. If NO, I believe the statute of limitations is 2 years.
    Answer Applies to: New York
    Replied: 7/7/2011
    Suisman Shapiro
    Suisman Shapiro | John A. Collins
    It is not too late to hire an attorney. It is important that you file a workers compensation claim before you run into a statute of limitations problem.
    Answer Applies to: Connecticut
    Replied: 7/7/2011
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