Maryland  |  Workers Comp

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10/20/07, 8:19 am

Legal Question


Staue of limitations for WC

I work in healthcare with seniors.I staretd having severe chest pains Jan'07 in ER they discovered a spot on my RT lung It was thought to be Cancer.I had surgery in MArch'07 A wedge resection of upper lobe. I continue to have pain and complications.The pathology report found NO cancer .Instead they found a focal organizing Pneumonia.I had no symtoms of pneumonia and no treatemet for it. However we had a patient who I discovered had pneumonia & was not being treated ass he was Hospice (still alive) and was coughing sputum all over and did so in my face. I was told now by my HR director ( who was just fired) that this was a workmans comp case and that I should pursue it Now I have a ongoing lung /chest issue so it is possible it is chronic and I have a partial disability.

What can I do now? Surgery was in MArch , I am seeing surgeon again this week because of adhesions and scarring in middle lobe ( surgery was upper lobe).

Work is pushing me out..I used FMLA and all my time they refused to file for the short term disability benefit although I completed all the paperwork. Having had surgery also in MArch '06 resulting in a pulmonary embolism I have used all my FMLA up through April '08 .Can I retro a WC claim? Or sue


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