Visitor Question

Can I file a workers comp claim after retiring?

Submitted By: Harvey (Peoria, IL)

I’m a construction worker and have worked with the same company for 27 years. This past April, I injured my shoulder which my immediate supervisor duly noted, however I did not seek medical attention. I’ve been in pain for the last few months and decided to see a doctor. They did an MRI and it shows that my shoulder needs surgery due to very damaged muscles.

My question is, since I just retired, would I still be able to file a claim under workers compensation since I injured it at work, even though I did not seek medical attention at the time?

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 Harvey,

Under Illinois Workmans Compensation Statutes you are not prohibited from filing a claim if you can convince the Workmans Compensation insurance company your injury occurred during your employment with their insured – the construction company you were working for at the time of your injury.

It will be incumbent upon you to seek medical testimony in the form of a recorded statement or affidavit from the physician and surgeon who diagnosed your injury, including the prognosis for future surgery. Before taking any action in the form of filing a claim or otherwise notifying the Workmans Compensation insurance representative, you should be aware your former employer can require you to be treated by one the physicians on their list.

Once you are evaluated by the employer’s physician, if you do not agree with his diagnosis of your injuries you have the right to ask for a second opinion from another of the physicians listed on your employers Workmans Compensation list. We suggest you pursue this claim as you have the facts and the law on your side.

If you have any questions about pursuing this otherwise unique claim you should contact a skilled and experienced Workmans Compensation Attorney. Most will not charge a prospective client for an office consultation. Then at least you will know where you stand.

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: August 2, 2011

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