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I retired in May 2012 from a company in Marietta after 13 years of service. In November I started having pain in my Rt. shoulder

Marietta, GA |

I sought treatment in Jan. 2013 and was told it was from repeatative movement. I had to tape up boxes as part of the job. Do I have a workman compensation claim? I am now having to take shots in my shoulder in order to function. I now live in Mobile, Ala.

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Attorney answers 6

Posted

My answer hasn't changed since the last time you posted this. You need an experienced WC attorney in Georgia, ASAP.

If this information has been helpful, please indicate by clicking the up icon. Legal Disclaimer: Mr. Candiano is licensed to practice law in Illinois and Indiana. The response herein is not legal advice and does not create an attorney/client relationship. The response is in the form of legal education and is intended to provide general information about the matter within the question. Links: CJCandiano@CandianoLaw.com http://www.CandianoLaw.com

Posted

You have a workers' compensation claim if the insurance company agrees to accept your claim, or if a workers' compensation judge says that you do. I'm sure the insurance company will fight you about this. Right off the bat, I see a statute of limitations problem. However, if you would like to discuss this in more detail, please call me at 404-425-6235. Thanks and good luck.

Posted

I think that you have a problem. Generally, on the job injuries need to be reported within 30 days of the injury, or 30 days from when the injured worker knew that the injury was caused by his job. In your case, I think that the injury needed to be reported within 30 days of the January date when you first became aware of the cause for the injury.
I am sorry that I do not have better news.

Tom Holder
404-281-1923

Posted

Unfortunately, it is likely the 1 year statute of limitations will bar your claim. In Georgia, you are required to file a workers' compensation claim within one year of the date of injury. As you have not worked since May of 2012, a claim for any injury at work should have been file by May of 2013. Did you ever notify the employer of your complaints prior to resigning? Have you ever had a prior claim for your shoulder?
I am sorry to hear of your injury. I hope you will be able to continue to receive treatment through other medical care coverage.

Sincerely,

B. Shawn Rhodes
Powers and Rhodes, LLP
478-227-5997

Posted

You still may be able to receive medical care. I will be happy to investigate. You may also be entitled to social security benefits which depending on your onset date would allow for medical benefits to be paid either under medicare or Medicaid. Call us to discuss!

Posted

With the facts you submitted, you probably do not have a claim. An injury needs to be reported within 30 days to your employer and a claim needs to be filed within one year.

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