Q: Ongoing RMI hand pain unreported for fear of my job. Was terminated anyway for unrelated reasons. Can I still claim?
I missed time due to surgery in my first year. My manager talked to me a few months later about attendance and time missed. I started getting sharp pain and weakness in my hands a few months ago. I didn't report it because I was afraid of losing my job. I was terminated this week for other reasons. Can I still file workers comp?
A: You have to report the work injury within 120 days of the accident or incident that caused the injury. If you are still within 120 days of the accident or incident, or if this is more of a repetitive use injury and you are still within 120 days of the last day worked, you may be able to file a claim. It is very likely that your claim will be disputed, so you may want to go directly to a workers' compensation attorney rather than trying to handle this on your own. Such an attorney would be able to review your claim and formulate an approach that would maximize the likelihood that you will be successful in obtaining benefits.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
