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?
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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.
The accuracy of information provided on this site is not guaranteed. It is generic information for informal purposes only. It is NOT formal legal advice. Your use of this site does NOT create an attorney-client relationship. Before relying on any information found in this site you should consult with a licensed attorney in your state. If you are currently represented by an attorney, you should strictly abide by his/her counsel.