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Is it too late to apply for workers compensation?

Palm Desert, CA |

I was working at the World Trade center on 9/11/01. I inhaled a great deal of smoke that day. I moved out west for the dry/warm climate in 2005 due to a chronic cough that developed in 2003. My respiratory problems are getting worse. I don't have health insurance and cannot afford a doctor. Do I have any recourse?

Attorney Answers 3

Posted

Possibly. You should talk to a NYC area NY licensed workers' comp lawyer immediately. It may be too late for you to file a new claim.

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1 comment

Brett A. Borah

Brett A. Borah

Posted

I agree.

Posted

From the facts you've given, I will assume you were working for a New York company. If that's the case, then you should be filing for workers' comp in New York. If you were working for a California company but briefly in N.Y., then you would file in CA. Workers' Comp. law is state law so there are 50 different sets of w.c. laws in this country (maybe more if you count Guam, D.C., P.R., etc.). Out here, most of us know nothing about N.Y. law. Go to www.avvo.com to find a good w.c. attorney in N.Y. and ask.

In the legal business we have what we call call statutes of limitations. They set the time limits within which any action must be brought. You're now 11 years post 09/11/2001. That may be beyond the statute of limitations for w.c. cases in N.Y. Don't walk....run to talk to a N.Y. attorney about this.

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Posted

As Mr. Borah stated you might have an SOL problem however there are exceptions. Talk to a WC atty from NY

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2 comments

Brett A. Borah

Brett A. Borah

Posted

I agree.

Ernest Roy Krause

Ernest Roy Krause

Posted

I am not licensed in New York but, generally speaking, Statutes of Limitations run well before eleven years. An exception might be that someone/some entity misled you all this time and you reasonably relied on such bad advice. Possibly, though, an insurer/defendant would say it cannot defend the claim because evidence is gone and that whoever misled you is liable to you in some way. You do need a New York attorney to advise you.

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