Its almost 5 years now since the
injury. i refuse to have the surgery to repair my right side
rotator cuff. is it too late to file a claim?
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2 Answers from Attorneys
A Claim for Workers Compensation benefits must be filed WITHIN ONE YEAR of sustaining a work injury.
If there is a diagnosis of a rotator cuff tear and a recommendation of surgical repair...it sounds as though this 'claim' was filed long ago.
If you can prove -- not just assert, but prove with photo or video or written evidence -- you gave notice to the employer of the on-the-job shoulder injury being disabling and needed treatment, then the Statute of Limitations would be said to be stopped.
But if all you did was say 'my shoulder hurts' and you never reduced to writing to the employer that you sustained an on-the-job injury, the judge can deny any recover based on the Statute of Limitations.
Short Answer; its never too late to 'file' a claim. It's most likely too late to 'PREVAIL' on a claim.
The big questions are, are you still with the employer, and if not, when did you last work for him/her? Did you report your injury while employed? Did your injury become worse over time while continuing to work? All the above questions are very important, and there are many more questions to be asked. If you would like a free telephone consultation, you can call me on my cell phone Monday in the afternoon. I have trial in the morning, so please make sure you call me after 1:00.
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