In November 2011, I injured my back at work while lifting overhead. I felt something pop and it became painful to breathe.
My supervisor after two days sent me to the workers comp doctor who thought it was sprained/strained/pulled muscle.
Finally after about three weeks they decided to do an x-ray and found I had compression fractures in my T7-8 vertebrae in my back. I was then referred to a spine specialist, placed in a brace and recovered at home for about 7 months.
I still experience daily pain where the fracture occurred and, on occasion, from overcompensating for the pain. I get referred pain in my lower back, shoulders and down my leg. Am I supposed to get a settlement from my employer for my injuries, or do I have to file for a settlement?
Any information you can give on this process would be much appreciated. 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.
Your employer should have already assisted you with filing a workers compensation claim. If he hasn’t you must file one yourself, and soon. The statute of limitations, or the maximum amount of time you have to file a workers compensation claim in the State of Illinois is:
-Three years from the date of when the injury happened or when the injury was discovered; or
-Two years from date of the last payment of benefits.
So you still have time to file your claim, but time is running out.
Because of the severity of your injuries and the approaching statute of limitations filing deadline, your best interests would be served by consulting a personal injury attorney whose practice concentrates on workers compensation law.
Most personal injury attorneys will not charge for an initial office consultation. Gather your medical records, medical bills, receipts for medications and proof of other costs related to your injury and its treatment. The attorney will need to see these to better advise you.
Learn more here: Back Injuries at Work
The above is general information. Laws change frequently, and across jurisdictions. You should get a personalized case evaluation from a licensed attorney.
We wish you the best with your claim,
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