Injury Claim for Old Work Injury...

by Jennifer
(Denver, CO. USA)

I was working and my co-worker called in so I needed someone to help me pull a pallet of juice out of the cooler so I could stock. I asked the manager and she said she would send somebody. After a while no one came so I asked another manager what I should do and he said to just pull out the pallet and that it shouldn't be that heavy.

I pulled it out and hurt my wrist. The next night I went to work and my wrist was swollen and kinda blueish. So I filled out the paperwork and a day manager took me to their doctor who looked at it and he said let's just say it was a fractured bone because he couldn't find anything.

I was on light duty for a few weeks and the dr released me. Now 3-4 years later I have been feeling weakness and pain in that wrist and it has been hurting a lot! Is there anything I can do?

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 "Injury Claim for Old Work Injury...":

When you are injured, time is really of the essence. While it is unclear whether you ever received a settlement in this matter, to come back 3-4 years later will make it very difficult for you to negotiate for a number of reasons. For one, there is a statute of limitations within which all injury claims must either be settled or litigated. You have exceeded this time period.

Secondly, you have not had any treatment on this injury for 3-4 years, I assume. Even if you were within the statute of limitations, adjusters are critical of these gaps in treatment because the assumption is that you are not really injured or that the injury is not the result of such an old accident. Unfortunately, you are in a situation where there is nothing you can do.

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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