I reported (documented by company) a fall in Sept. 2010 where I hurt my wrist, but did not request treatment because I thought I was OK. In May of 2011 I was laid off, but 5 months prior to that I started to have pain in my left wrist and started to wear a brace on the wrist. I thought I was just getting old (55 at the time) so I just lived with it.
In Dec 2012 after having more pain I went to a doctor and was told I have a rare disease (Keinboch’s) that will require surgery. I was asked if I had any trauma to the wrist and I explained the fall I had. I will now be having surgery and the end result will be little to no movement of the wrist.
Can I still go back and start a case,? Time has past but it was reported. What if they deny the claim to pay for the surgery?
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.
Kienbock’s disease is classified by the Center for Disease Control as a “rare disorder,” affecting fewer than 200,000 people in the United States.
Kienbock’s disease is a disorder of the wrist, named after Dr. Robert Kienböck, a radiologist in Vienna, Austria who first diagnosed the disease. The disease is breakdown of the lunate (carpal) bone in the wrist. The exact cause of Kienbock’s is not known, though there are thought to be a number of factors predisposing a person to Kienbock’s.
There is some evidence that trauma to the lunate bone may have some affect on the manifestation of symptoms of the disease, but at this point there isn’t any medically acceptable agreement on trauma as affecting the disease in any way.
Inasmuch as the trauma to your wrist happened in 2010 it is probably too late to file a workers compensation claim. Without knowing in which state you reside it’s impossible to tell you for sure the limitations period for the filing of your workers comp claim. In most states the period is two years.
Learn more here: Maximizing Workers' Compensation
The above is general information. Laws change frequently, and across jurisdictions. You should get a personalized case evaluation from a licensed attorney.
Best of luck with your claim,
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