Visitor Question

Back Injury at Work 21 Years Ago…

Submitted By: Jaime (Modesto, CA USA)

Back in early 1991 or 92′ I injured myself at work. I opened a Workers Compensation Fund claim and received treatment and therapy. I was off work for about a month and half to almost two months. Fast forward almost 20 yrs, and in mid-March I started to experience a pain in my back. I confused it as kidney stones or infection, as I was told by friends and family.

I made an appointment with my Doctor and he suggested x-rays. The following week the results indicate spurs and degenerative vertebrae, all in the same area of the original injury.

My original injury occurred when I was moving, leading and guiding a trophy case out of an office. We succeeded in getting the cabinet case out but there was one obstacle in the way. I didn’t see it since I was walking backwards and so I got rammed into the outside beam.

I am concerned that the nature of this injury took its time to get to the point where it’s currently causing chronic and inflammatory pain in my back. I am told by Workers Compensation that my claim has expired. I need guidance and I feel helpless after speaking with the workers comp adviser.

Can you please give me some more information on where I stand so I’m better equipped prior to seeking legal counsel? Or am I fighting against Goliath? Thank you.

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 Jaime,

Unfortunately the statutes of limitations for workers compensation and medical malpractice have long expired. As a result you are out of legal options. Although you have an absolute right to seek legal counsel you will probably be disappointed with the advice you get.

The last thing you probably want to hear is you shouldn’t have settled your workers compensation claim until you were sure you were fully healed. It is certainly understandable that you believed you were fully healed back in 1992 – but those things happen.

You are truly considering fighting a “Goliath”. It may take some time for you to come to the realization that you are out of all legal options. You have nothing to lose and everything to gain by contacting an attorney. A local attorney may be able to give you more applicable and clearer advice about your situation. She may know something we don’t.

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: April 17, 2012

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