Visitor Question

Can I get workers comp benefits after 4 months?

Submitted By: David (Allendale, SC)

I slipped and fell backwards out of a semi truck at work. I was reaching in to get my stuff out of the truck. My fleet manager said I had to get my stuff out of the truck because they were going to pickup the truck.

My back and neck is in a lot of pain now, but this all started 4 months after I fell. Can I still get workers comp benefits?

Disclaimer: Our response is not formal legal advice and does not create an attorney-client relationship. It is generic legal information based on the very limited information provided. Do not rely upon the information in our response, or anywhere else on this site, when deciding the proper course of a legal matter. Always get a personalized case review from a local attorney.

Answer

Dear David,

Yes, you can certainly file a Workman’s Compensation claim after 4 months. The problem may be convincing the workmans compensation’s claims representative your injuries were work related.

You will need to have your injuries documented by a physician. That documentation will have to tie your injury to that day on the job when you were reaching into the truck. That documentation can include MRI’s (Magnetic Resonance Imaging) or Cat Scans (Computer Axial Tomography).

Hopefully at the time of the injury you had some symptoms, and if you did you let the fleet manager know. Better yet, you told a friend or work colleague about your pain.

Your relationship with your supervisor is also very important. He or she can be your advocate, especially when there is a lack of other tangible evidence of your injury. With your supervisor fighting for you it will be difficult for the adjuster to deny your claim.

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

Best of luck,

Published: October 12, 2011

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