Can I still file the workers comp claim or is it too late? - Injury Law Questions and Answers- LawQA.com

Free Answers to your Legal Questions by Lawyers.
ask »


Can I still file the workers comp claim or is it too late?

I have a massive full thickness tear in my shoulder. I have been out of work for 3 months. My FMLA has run out and my company who I have been with for 6 years has let me go. I never filed a worker’s comp claim but my injury was a direct result of my job. Can I still file the workers comp claim or is it too late? I am currently getting short-term disability.

Answer By ARMAN MOHEBAN

Contact this Attorney Now

Yes you still can. You need to file a claim for worker's compensation benefits that cover temporary disability benefits , ongoing medical treatment and a settlement for permanent disability and future medical care.

Answer Applies to: California
Replied: 11/24/2013


Contact this Attorney Now

If your injury happened 3 months ago, it is definitely NOT too late to file your claim, but you should do so ASAP.

Answer Applies to: Delaware
Replied: 11/21/2013

Answer By Robert C. Slim
Robert C. Slim - Attorney at Law
Contact this Attorney Now

You can file a claim if you can prove that the injury occurred while in the course and scope of your employment. But your question fails to describe how you were injured, so it is difficult to give you any further advice.

Answer Applies to: Texas
Replied: 11/21/2013


Contact this Attorney Now

How long has it been since your were injured on the job? Did you report the injury to your employer? Your employer never filed a claim with workman's comp? Who paid your medical bill?

Answer Applies to: Utah
Replied: 11/20/2013

Answer By David Hoines
David Hoines Law
Contact this Attorney Now

you need to consult a workers compensation attorney NOW, it may not be too late.

Answer Applies to: Florida
Replied: 11/20/2013

Answer By Edwin K. Niles

Contact this Attorney Now

Yes; see a workers comp lawyer ASAP.

Answer Applies to: California
Replied: 11/20/2013

Answer By Steve Lombardi
Lombardi Law Firm
Contact this Attorney Now

That all depends on whether or not you reported the injury to the employer (normally your supervisor) within 90 days of it occurring. Did you? Immediately contact the employer asking for medical treatment for the shoulder injury. I would suggest doing it in writing.

Answer Applies to: Iowa
Replied: 11/20/2013


Contact this Attorney Now

Yes you can file a workers compensation case. Get a lawyer. Check out the possibility of suing also for wrongful discharge.

Answer Applies to: Michigan
Replied: 11/20/2013

Answer By Andrew Velonis
Andrew T. Velonis, P.C.
Contact this Attorney Now

You ask us if it's too late, but you don't tell us when it was that you were injured. In NY you have 2 years.

Answer Applies to: New York
Replied: 11/20/2013

Answer By Erven Nelson

Contact this Attorney Now

It depends on the laws in your state, but I think that you should call a workers compensation lawyer ASAP. Let me know if you need any help finding a good lawyer.

Answer Applies to: Nevada
Replied: 11/20/2013

© 2017 MH Sub I, LLC. All rights reserved.
Terms & Conditions | Privacy Policy | IB Cookie Policy