Visitor Question

Previous shoulder injury causing problems at my current job…

Submitted By: Lee (Chatham, Louisiana)

I suffered a shoulder injury right before I was let go from my previous job. I had previous joint problems but not like I’m currently having at my current job.

I filed a workers comp claim but was told I had to claim against my previous employer because my first problems with my shoulders occurred when I was an offshore boat captain. I was told there was some way to claim this but I was hoping it would somehow start feeling better. I have not been back to the doctor for this because I can’t afford a visit right now.

I am still doing manual labor but I hurt all the time and have limited strength and mobility of my shoulder. I make adjustments but can’t perform as good as I used to, and neither can I do the same hard work I used to which limits me on the kinds of jobs I can do now.

What do I need to do to get compensated and treated for this? 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 Lee,

It appears your injury occurred during your previous employment, and as a result of a work related injury.  If that is the case your present employer would be correct in saying your injury workers comp claim should have been filed under your previous employer’s insurance.

Presuming your previous employment was in the State of Louisiana, you should have filed your workers comp injury claim within 30 days of your injury. See Section 23:1301 Louisiana Revised Statutes.

In the event you did not timely file your notice of injury claim within 30 days after the injury, the law permits a later notification if there is good reason for failing to report the injury within 30 days after it occurred.

If you did originally file a workers comp claim, locate your paperwork from that claim and contact the adjuster who handled the claim. Make clear the injury is persisting and see if the adjuster will reopen the claim. If so, you may be entitled to continuing medical treatment.

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: October 19, 2017

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