i went out on disability for a bad hip,now my state disability is going to run out in a year,after which i have no income,can i go back to work and make it a workmans comp claim as i need hip replacement sugery even though i dont have a specific date of injury,i have been doing the same job for 35years which caused the original hip problems
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3 Answers from Attorneys
It depends on your job duties, prior claims and medical history. But you must consult with a good attorney immediately or you might run into Statute of Limitations issues. You might not even need to return to work to claim a workers compensation case.
YES you may return and file the Workers Compensation claim... You need to be actively employed to assert you sustained a work injury.
When you write "i went out' did you get a Leave of Absence and the employer is holding your job for your imminent return?
or did your employer have you turn in your badge and your phone and your keys and say 'goodbye'?
Post-separation claims are non-compensable UNLESS you can prove you reported the problem as clearly being work-related before departing (or your medical chart notes make crystal clear the problem stems directly from employment).
DO NOT SAY this happened 35 years ago. The employer is only responsible for the last year.
SAY YOU WERE INJURED BETWEEN AUGUST 2011 AND AUGUST 2012 in a 'continuous trauma'.
if you say you knew work hurt your hip 15 years back but you just kept quite, you'll get a denial and you've violated the statute of limitations...you MUST report a work injury within ONE YEAR of the 'exposure' or incident.
So, your 'injury' is august 2011 to august 2012. That's your story, and you're stickin' to it.
Feel free to call us at 213.388.7070 for a free consultation.
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