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Re-filing an injury claim 4 years after leaving an employer.

Louisville, KY |

I suffered a back injury on the job 5 years ago. At that time, I reported the injury, was sent to the company doctor and was treated with physical therapy, epidural injections etc. and recovered. But because of the injury, could no longer do the lifting required for my specific position. I got a promotion where I remained another year, until I gave my 2 week notice and left for a better job.
Since that time, I have had minor flare-ups with my back, but nothing intolerable....until now. I am in severe pain, and have since lost my present job. Thus, I now have no insurance, and no money to seek treatment. I have been to the emergency room because the pain is intolerable and it's the only way I can get any relief. Do I have any recourse to re-file a claim with my previous employer? Thank you

In addition, is there any way to recoup the costs of hospital visits due to this injury? I have no way to pay the hospital bill. I have filed for financial assistance through the hospital to try and avoid non-payment and the subsequent impact this may have on my credit. However, I have no way of knowing yet if I will receive any assistance. Thanks!

Attorney Answers 2


In Georgia, this woudl be a very difficult case because of the time lapse. The Statute of limitations may well have run. Additionally, it is generally dificult to get the insurance company to pick up a claim after there has been no medical care for such a long time. I would discuss this with a Kentucky workers' compensation attorney for the specific laws in your state.

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Unfortunately, I believe your claim is now barred by the KY statue of limitations. Assuming it is correct that you filed no formal claim 5 years ago (it sounds like you did not) your deadline has almost certainly passed. If the current symptoms are flareups related to the original work injury (it sounds like they are) then you would be able to file a motion to reopen your old claim, but only if you actually made a formal claim 5 years ago, and again, it sounds like you did not do that. As I see it, the only way to be covered currently is if your treating doctor believes that your current symptoms are the result of a new, distinct work injury. I encourage you to talk to a KY attorney, so see if there are facts I am unaware of. Good luck.

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