If a work related accident happened 30 years ago, only now effects you, can you still claim workmen’s comp?
This is an odd situation. My Father has worked for the same company as a machinist for 41 years. 30 years ago he was running a drill press and the bit broke off and flew into his arm, right near the carpal tunnel area of his wrist. The company still has a written record of this accident. The doctor that the company sent him to said that it would be best to leave the piece of drill bit in his arm, rather than operate in that sensitive area, if it didn’t cause my Father any pain. So for the past 30 years he’s had that bit in his arm and it caused no trouble at all.
He had an MRI done a few months ago and he warned the doctors about the bit in his arm. They x-rayed and decided it was safe to go ahead with the MRI. Not long after the MRI he began having serious pain in his wrist. While it can’t be proven, the theory is that the MRI caused the drill bit to shift in position. It began causing severe pain and it was determined that it had to be removed.
My Father developed rheumatoid arthritis several years ago and that complicated the operation. After the surgery my Father developed severe swelling and pain that has gone on for several weeks. It now appears that an arthritic cyst formed in the area where the drill bit was and he is close to losing the use of his right hand. He is scheduled for further surgery next week.
This obviously resulted from accident with the drill bit 30 years ago - that accident was documented by the company and he followed the advice of the company doctor to leave it in place - but now they are saying that it is too late to claim workmen’s comp, that there is some "statute of limitations."
Is this true, or is the company trying to weasel out of this? If there is such a time limit it seems quite unfair in this situation - my Father has a stellar 41 year work record and this all resulted from an injury sustained at work 30 years ago, now he may lose the use of his right hand.
OK, so the original dr. could not have foreseen the complication, what about a case against the doctor who authorized the MRI? Malpractice? My father may lose the use of his right hand because of this, and its clearly not his fault, does he have some recourse?
Yeah, obviously worker’s comp is out of the question. However every nurse and doctor who has seen the x-ray of the drill bit has said they never would never have authorized an MRI. On top of that - as I said this has been going on for several weeks - the original surgeon was convinced that the complications were related to his arthritis and just kept draining fluid without bothering to test for an infection. So my Father went to another doctor and guess what - the whole problem has been some type of bacterial infection that occurred during the surgery - but the original surgeon refused to believe that was possible and never tested for it. So if things go bad and he loses the use of his hand, it will just be a matter of who to sue for malpractice. Thanks for everyone’s input.
Sorry but statute of limitations is two years in most states. The only way he can file the claim is to file it and see what happens. It doesn’t hurt and there is no shame in it. You might want a copy of the incident report so it proves a injury did take place. File it and see what happens. There’s a 95% chance that it will lose but you never know.
As for the MRI, you might want an attorney to take a look at this. The doctors knew about the screw but did the scan anyways. You do have a small malpractice suit and I would follow up on that.
Good Luck
Filed under: Work Accident Claims
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You need an attorney. Even though you father was injured 30 years ago, and its now causing problems, any and all recent surgeries to correct this problem, will fall under the Work mans Comp. provisions. I sure he has regular health insurance to cover the needed work but the original injury will still be a contributing factor.
References :
Each state puts in limits, for how long an incident goes without treatment, to "close" the workers comp claim.
Depending on what state you are in, once your dad didn’t need to see the doctor for that set amount of years - somewhere between 2 and 5 - the claim closes out.
They are not trying to weasle out of it, they are correct. You can’t reopen an incident that’s 30 years old.
References :
There is a statute of limitations.
That’s not an excuse. There has to be a point where people and businesses don’t have to worry about being sued. In general, the statute of limitations is an absolute defense.
However, the rules and laws can vary from state to state.
Here’s an article I found on the subject: http://www.irmi.com/expert/articles/2001/pocius08.aspx
Odds are - your father no longer has a valid WC claim. He knew about the injury 30 years ago. What the company dr told him was true - for 30 years the drill bit did not cause any problems and only became a problem know because an MRI caused the drill bit to shift. The dr 30 years ago could not have for-see that a giant machine using magnates would be invented years later that could cause the drill bit to shift.
References :
Sorry but statute of limitations is two years in most states. The only way he can file the claim is to file it and see what happens. It doesn’t hurt and there is no shame in it. You might want a copy of the incident report so it proves a injury did take place. File it and see what happens. There’s a 95% chance that it will lose but you never know.
As for the MRI, you might want an attorney to take a look at this. The doctors knew about the screw but did the scan anyways. You do have a small malpractice suit and I would follow up on that.
Good Luck
References :
Work comp adjuster