Visitor Question

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

Submitted 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?

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 Shelley,

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 a licensed attorney. Find a local attorney to give you a free case review here , or call (888) 647-2490.

Best of luck,

Published: January 20, 2011

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