Can I claim workers comp for surgery in 2011?

Asked about 1 year ago - Modesto, CA

I was forced from a desk job of 8 years to a warehouse job in my company in May 2009. In Feb 2010 I went to the Dr for leg pain. After 3 months, a MRI showed a herniated disc. I ended up with surgery in 2011 and now have more problems. My Dr, chiropractor and surgeon wouldnt touch workers comp. It absolutely wasnt workers comp they said, at the same time they said it took alot to herniate a disc, but it wasnt from work. I selected orders for a food distributer in 2009 and operated a stand up forklift in 2010 with moderate heavy lifting still at that point. I told them the same thing. I am getting to the point where I cant handle work anymore, my back and leg are in worst shape and I dont live a hard core lifestlye that would have caused this.

Attorney answers (6)

  1. Ruben Alonso Montoya

    Contributor Level 13

    4

    Lawyers agree

    Answered . Get a free consultation with an attorney to review your case. If you treated you will be able to expand the Statute of Limitation for 5 years. Your case should be filed as a CT (continuous trauma) due to the fact that there is no specific date of injury but more of a accumulation of job duties that gave rise to your current condition. COnsult with a WC attorney ASAP. Good Luck!

    Information provided is not legal advice and in no way creates a attorney/client relationship. Therefore no... more
  2. Peter Joon-Sung Hong

    Contributor Level 12

    4

    Lawyers agree

    Answered . The injury may have been caused by work, or now is being aggravated by work due to repetitive stress and strain on your body. Sounds like you have a legitimate concern and may have a case. Speak to an attorney for a consult and representation.

  3. Daniel W Epperly

    Contributor Level 13

    1

    Lawyer agrees

    Answered . You can file a Cumulative Trauma claim for you back alleging the repetitive duties of working in the warehouse caused injury to your back. There is a one-year statute of limitations (SOL) in workers’ compensation matters but that SOL does not start to run until you have disability coupled with knowledge that your injury was work related. Your “hunch” it was work related will not generally start the SOL to run especially if your private physicians, who do not understand WC law, are telling you the back injury was not work related.

    You should consult a reputable WC attorney. An Application for Adjudication can be filed and a medical-legal evaluator can determine if your back injury was work related. Generally only after you have such a med-legal report will the one-year statute of limitations start to run.

    Your case sounds complicated and I would not recommend filing the application yourself.

  4. Nancy J Wallace

    Contributor Level 14

    Answered . Can you get Comp Benefits specifically for a surgery back in 2011? Nope.

    All the billing statements from all those docs will swear under penalty of perjury NONE of your diagnoses were work-related.

    So FIRST you desparately need a new chiro and a new physician!!! Every time you go to these boobs, they send a bill to private health insurance SWEARING you have no work-related conditions, which clearly can't be true.

    while it's way, way to late to pursue benefits for what went on in 2009-2011, YOU CAN PURSUE A CONTINUOUS TRAUMA FROM JULY 2012-JULY 2013 (June 2012-June 2013 if you hustle and get a great certified specialist attorney in a few days... but hustling doesn't seem to be your forte).

    YOU HAVE ONLY ONE YEAR from the date you knew the injury was work-related to submit the claim clearly (in writing, preferably) making cystal clear to the employer "this work for the past year hurt me and I need medical treatment from you'.

    YOU'LL LOSE IF YOU SAY I'VE BEEN hurting from work for three years and I knew 2 years ago this was work related but just didn't around to claiming it until and it's my doctor's fault.... THAT gets you ZERO. so DO NOT say you've been certain your back troubles have been work=related for years, or your claim is barred by the statute of limitations.

  5. Charles Joseph Michael Candiano

    Pro

    Contributor Level 20

    1

    Lawyer agrees

    Answered . Until you find a doctor who is able to provide causation (say that what you did at work caused your injury), there is NOTHING that even the best of us can do for you.

    If this information has been helpful, please indicate by clicking the up icon. Legal Disclaimer: Mr.... more
  6. John M Connell

    Pro

    Contributor Level 19

    1

    Lawyer agrees

    Answered . I agree with Mr Candiano that you will need a physician to state that your condition is work related. Please consider seeing a workers compensation atty for a free consultation where they can discuss how to do this and may even have some physicians that they know that understand the workers compensation system and what will be needed.

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