When is it too late to file workers compensation? my husband fell from a 11ft roof about a year ago and they only paid for half of the bill. He also severely twisted his knee about six months ago which he did lie saying that it happened at home because he was very afraid to get fired, they are very intimidating and fire people constantly. He is such a hard working man and just wanted to keep bringing a paycheck to his family, anyway he had to resin the next day because he couldn't stand the pain. He is in a new job now but he constantly complains from back pain from the fall and his knee is nowhere near healed. Could he hire a lawyer saying that it did happened at work if he has a witness that was there when it happened? Does he have good chances to win the fight for both instances? I will at least like for them to pay for the rest of the bill and to get him checked up again for his back and his knee. Any legal advice? thanks
2 Answers from Attorneys
He has two years from the date of the accident to file the Form 18 claim form with the NC Industrial Commission in Raleigh. He should report the accident and his injury in writing to his employer within 30 days of the accident.
He should file each claim separately since they happened at different times. The back claim should be viable, but the knee claim will be tough due to him lying about how he got hurt and then quitting his job. I think that he can "win" the back claim, but he has screwed up the knee claim so it may not be winnable. He should contact a workers' comp specialist such as myself for a free consultation.
We agree with the prior post. Also, some workers' comp cases are not a result of a specific incident. Instead they are the result of everyday job functions and environmental exposure. There may be activities in your husband's job that contributed to poor or no recovery from the fall incident. If he had been on workers' comp, a doctor would have instructed specific work limitations.
Should his case proceed and be approved by the Industrial Commission, his payments should be retroactive. Consult with several North Carolina workers' comp attorneys on the matter and learn your best options.
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