Visitor Question

What’s the Statute of Limitations with Workmans Compensation?

Submitted By: Cheryl (Tacoma, WA)

I had slipped and fell and was knocked out. When I was able to wake up and get up, I went over and advised my supervisor that I fell and hit my head. She simply dismissed my complaint, as she said that she would take my statement later in the day, and I was waiting for her to invite me into her office to have me fill out the report and leave the job sit to seek treatment.

I even asked for a first aid kit as I was in pain, and several times I said that my head hurt and clearly I was dazed and confused and she was ignoring me. She simply ignored procedures as she did not advise me or suggest that I leave to seek medical treatment, which is what a reasonable person would have done. My supervisor simply dismissed me so I could go on to work.

Later that morning, I was called into the Manager’s office and reprimanded for not completing assigned tasks, this was for a assigned task in Dec 2006, and it was then Jan 12, 2007. I was suspicious when I was handed and I read the form.

I was confused and dazed but they did not care, as my Supervisor and Manager were both present and they were clearly laughing at me. I was in pain and I asked to leave as I was in pain, and they denied me permission to leave.

The next day, I called in sick, and my Supervisor called and harassed me at home, asking me to come in and I told her I was not feeling well. I delayed my trip to the hospital, and when I did finally go, I did not reveal that I had blacked out, as I had no memory of it. My memory of it came back in 2009.

It is now 2011 and now I recall two other accidents that I had that were not reported and that I had over looked due to memory loss due to a concussion. Can I file a claim for workers comp after four years?

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 Cheryl,

Cheryl:

Insensitivity from management can be frustrating and demeaning. From the facts you present it appears the actions of your supervisors was unconscionable. Regrettably you have long exceeded the time period within which to file a Worker’s Compensation Claim or lawsuit against the management or company for whom you worked. Don’t hesitate to contact an attorney if you need further assistance.

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 20, 2011

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