Visitor Question

Using my one good arm caused it to become disabled…

Submitted By: Alvin (South Carolina)

My right arm was injured at birth due to medical malpractice, but I was unable to be compensated for because by the time I found out what happened the statue of limitations had ran out. However despite the disability I went on to become a master electrician. I have worked the last twenty years using the one arm that was not damaged.

Now after twenty years of heavy usage of my one good arm all my muscles are shot. Can I now pursue the firm that injured me due to the fact that my disability just started? Can anyone be held responsible for my current disability? The injury took place in New Jersey. 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 localĀ attorney.

Answer

Dear Alvin,

You may have the basis of a workers compensation claim. From the facts you present it appears the statute of limitations has expired on any medical malpractice claim you might consider filing. That’s the case even if the pain and discomfort from the birth injury just started.

To have the basis of a workers compensation claim you will have to have evidence showing your present injury is related to your current job. To do so will require medical evidence. If you want to pursue a workers comp claim contact your employer’s insurance company. The insurance company will give you the names of several company approved physicians.

The one you choose will be called your “primary treating physician.” He or she will examine you and if necessary refer you to a specialist.

Once you’ve reached a level of MMI (maximum medical improvement) you’ll be in a position to settle your claim. If you want another opinion, seek the advice and counsel of a workers compensation attorney in your area. Most workers comp attorneys do not charge for an initial office consultation.

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: September 2, 2013

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