Comments on: If a work related accident happened 30 years ago, only now effects you, can you still claim workmen’s comp?

By: A decent answer

A decent answer — Thu, 04 Mar 2010 04:00:59 +0000

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
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Work comp adjuster

By: MSAD

MSAD — Thu, 04 Mar 2010 03:50:59 +0000

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.
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By: mbrcatz

mbrcatz — Thu, 04 Mar 2010 03:28:59 +0000

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.
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By: dusty_titus

dusty_titus — Thu, 04 Mar 2010 03:12:59 +0000

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.
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