Behavior problems related to on-the-job head injury?

by Jake
(Corvallis, Oregon, USA)

I received an injury 22 years ago when a valve blew up in my face. I had injuries to my face and head with scarring. I've also had behavior problems ever since the accident that I now believe can be traced to that event. It was an on-the-job injury.

At the time I filed a workers comp claim that essentially got swept under the rug without much follow up. I did go to the hospital that day, and minimal testing was done for the head injury.

Could I reopen that claim or file a case even though it's been so long? If I can get the behavior problems diagnosed now and linked to the injury, would that enable me to pursue a claim?

Visitor Question:
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ANSWER for "Behavior problems related to on-the-job head injury?":

Jake (Corvallis, Oregon, USA):

Unfortunately, the time to file your workers' compensation claim has long expired. Moreover, you are prohibited by law from reopening your claim at this time.

To treat your present or future injuries resulting from the accident 22 years ago, you will need to file with your own medical insurance company. Your doctor will likely have you sign an authorization permitting her to seek copies of your medical records from the doctor(s) who treated you 22 years ago.

She will then be able to review your records and use them to construct a protocol for the treatment you presently require.

The most important thing is your health. Don’t squander time. With the type of injuries you describe, failure to seek treatment may result in them becoming more serious than they would be if you seek the treatment your presently require.

The above is general information. Laws change frequently, and across jurisdictions. You should get a personalized case evaluation from an attorney licensed in your state. Find a local attorney to give you a free case review here, or call (888) 647-2490.

Best of luck,

Judge Calisi

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