Can I still file a claim for an old workers comp disability?

by Shelley
(Murfreesboro, AR, US)

I have a workers comp disability question: I work in retail. I have been experiencing pain in my right shoulder. I started experiencing the pain while a cashier. I must have strained lifting a heavy item. I never did file a workers comp form because it quit hurting so I figured I was fine. Well months later I changed positions and started working in an area that requires heavy lifting. My shoulder started bothering me again.

I asked my manager if I could still file a claim and they told me that I only had 5 days after the injury to file a claim. My shoulder has just recently started hurting me everyday after I get off work. I know I should have filed a injury claim soon as I realized I was hurt last year. Is there not a way I can still file a workers comp claim?

Visitor Question:
Disclaimer: Information provided in our response is NOT formal legal advice. It is generic legal information based on the very limited information provided. Under no circumstances should the information in our response, or anywhere else on this site be relied upon when deciding the proper course of a legal matter. Our response does NOT create an attorney-client relationship. Always get a formal case review from a licensed attorney in your area.

ANSWER for "Can I still file a claim for an old workers comp disability?":

Well, here is what comes to mind immediately:

As to your previous claim, it is likely too late. However, you are still employed and have sustained injury. Whether it is an exacerbation of an existing workers compensation injury or a new one, it still qualifies because any injury that occurs in the scope of employment is a workers compensation injury.

You will want to report this claim to your employer immediately and have them refer you to an authorized workers comp provider for your care. Once you have an adjuster assigned to your case, you can explain that this is an injury that occurred during the scope of employment and it should be covered.

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

P.S. Please help us out by sharing this site...

Comments for Can I still file a claim for an old workers comp disability?

Click here to add your own comments

Is it to late to file a workers comp claim?
by: Anonymous

I passed out at work in November 2010. Can I file for workers comp or is it to late?

Click here to add your own comments

Return to Work Disability Questions

How Much Is Your Claim Worth?

Find out now with a FREE case review from an attorney...

How Much Are Your
Injuries Worth?

Find out with a
free attorney review: