Visitor Question

Receiving Benefits Years After Workmans Comp Injury…

Submitted By: Chris (Grand Forks, North Dakota, USA)

I had a workmans comp injury and hurt both of my wrists back in September of 2006 at my former place of employment. Almost 6 years down the road I’m still having issues with the “Corrected by Surgery” injuries.

I contacted Workers Comp about the issue and was advised to seek a specialist’s advice on whether it pertained to the presiding issue. I saw the specialist and he informed me that the surgery which was done to correct the problem was for nothing. He guaranteed the permanent bolting of my wrist or wrists within the next few years, if I’m lucky to get that long.

I was scheduled to start retraining at the local tech college because there was nothing that fit the restrictions the surgeon gave me upon “recovery”.

My employer, soon after the process of retraining started, fired me due to “tardiness” or something along those lines. The day I was fired I started another job immediately. Come to find out, since I started working a job (so I wouldn’t get evicted or default on bills) I lost all “rights” I had to return for retraining due to workers comp.

This has been a real downer and weight on my mind and attitude towards future activities. I don’t know what to do. If I keep up the work I’m doing as of now, I’ll lose most of the use of my hands. If I change what I do to lighter work I’ll also lose most of the use of my hands.

I was just wondering if I’m entitled to some kind of benefits or anything? 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 Chris,

From the facts you present it would seem your Workers Compensation Claim was closed out sometime ago. Regrettably because 6 years have passed since the closure of your case there is little you can do. Workers Compensation laws prohibit you from filing a lawsuit since the statute of limitations has passed.

However, if you can prove you “discovered” the injury only recently, you may be able to re-open the case. To do this you will definitely need an attorney experienced in workers’ comp law.

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: May 5, 2011

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One thought on “Receiving Benefits Years After Workmans Comp Injury…

  1. I injured my back and after months off work I returned and my employer suspiciously terminated me for some made up reason. I worked several jobs after, and 7 yrs later I began to have problems and needed surgery.

    I called a lawyer and my case has been open since 2010. Call a lawyer you can reopen your case!

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