Legal Question in Workers Comp in Georgia
Can I sue workers comp over a misdiagnosis?
I sustained an injury on the job and was told by the ER and my dr. that I had an inguinal hernia. I was sent to the workers comp dr, but was told it was only a strained muscle, and advised it would take 6 months to a year to heal. A year later I continue to have problems with the injury, and was told several times again by my dr. and a surgeon that it is in fact an inguinal hernia form the work injury, but now workers comp will not pay due to statue of limitations. What should I do?
2 Answers from Attorneys
You should speak to an attorney as soon as possible. The statute of limitations is a little tricky, and there are certain exceptions that apply. An attorney will be able to tell you if your claim is, indeed, barred by the statute.
If you spoke with a workers' compensation doctor, it would appear you did file a claim (which would likely toll the statute). I have a colleague that has 30 years of experience in workers' comp. Feel free to call my office and I will get you in touch with his office.
David H. Glass, Esq.
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