My son, (23), had a back injury - 2 herniated discs - in Oct 2014 while on the job. He did not put in for workman's comp because this was his first job and he did not understand it all. He thought it would hurt his employer and he would lose his job. Unfortunately, I could not convince him otherwise. to be honest, he did end up leaving that job because of the physical demands (lifting, installing concrete countertops). He did his physical therapy and medication and has been relatively ok. However, he does have bouts of back pain that flare up when he moves or lifts something - snow shoveling for too long at one time, sitting in a hard chair, lying on a bad mattress...etc. This time it really hurts and he did nothing that would cause it... (he did sit at his computer for his online studying and midterm but we bought him an ergonomic office chair for his back) So, he wants / needs to go back to the back specialist or chiropractor to work this out. He will need an updated MRI.....I realize insurance will help out but I think if it was under workman's comp it would help out even more. Is it possible to change that now... since the original injury was Oct. 2014?
Your son has two years from the date of the incident to file a claim petition for this worker's compensation claim. He therefore has until October 2016 to file. He should immediately contact one of Avvo's experienced attorneys to assist him through this process.
You can use the Find a Lawyer section here to locate attorneys that do primarily workers compensation in your area
If this information has been helpful, please indicate by providing feedback that the answer was either "helpful" or "best answer" as appropriate. Legal Disclaimer: Mr. Connell is a Colorado attorney licensed in only that state. 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.
The short answer is yes. You have up to 2 years from the date of the last payment of benefits. If the compensation carrier for the employer has not paid anthing, then an application for temporary disabiity and for medical benefits should also be made. Talk to a comp. lawyer asap and good luck.
The content of the this submission is intended to provide general information on the topic presented, and is offered with the understanding that the author is not rendering any legal or professional services or advice. This submission is not a substitute for legal advice. Should you require such services, retain competent legal counsel.
He is within the time frame where he can still file a claim, it wont be an easy because of the unauthorized treatment but that would not prevent any of us who regularly handle WC matters to open the matter and discuss it in more detail with your son.
If he never reported the the 10/14 injury, then he is out of luck. If he did report it, it won't be easy because of the delay, but as long as you file before 10/16, you can make a claim.
Hased solely on the timing, he can file a workers compensation claim with the court. He has two years from the date of accident, or last treatment authorized by the workers compensation carrier, to file a claim with the court. Based upon the facts you provided, it will be a very difficult case if it was never submitted to the employer/workers compensation carrier.
The above is general information only and is not legal advice. The information provided does not form an attorney-client relationship, and should not be relied upon to take or refrain from taking any action. I am not your attorney unless and until we sign a retainer agreement.
Yes - he has two years from the date of accident or the last worker's compensation payment. See a worker's compensation attorney.
Sign up to receive a 3-part series of useful information and advice about personal injury law.
Our Rating is calculated using information the lawyer has included on their profile in addition to the information we collect from state bar associations and other organizations that license legal professionals. Attorneys who claim their profiles and provide Avvo with more information tend to have a higher rating than those who do not.What determines Avvo Rating?Experience & background
Years licensed, work experience, educationLegal community recognition
Peer endorsements, associations, awardsLegal thought leadership
Publications, speaking engagementsDiscipline