Q: Can I open an old claim (2009)for an injury they denied? and for denying surgery on the one they accepted?
i have a permanently dislocated clavicle they would not fix because its "cosmetic". I also believe I got ulnar nerve damage but didnt know it until a day or two later when I noticed problems. tests were done which said it was badly damaged. But since I didnt know on the day of the injury i said nothing about falling on my left arm. i was focused on ithe clavicle at the time. did not even notice left arm damage then. they said I could not claim it. As I did not report it at the time of assessment.
A:
there is a statute of limitation on an accident of 2 years from the date of the accident, and if you do not file within that time you lose your right to sue.
if there was a med mal claim then a suit has to be filed within 3 years or 1 yr from the time you learned or SHOULD HAVE LEARNED of the negligence....whichever comes first. Failure to do so BARS you from later bringing a claim.
this is why i encourage victims to contact a lawyer asap.............
A: This sounds like a workers compensation question. You should really get a consultation from a workers compensation attorney. I know that's not much information for you, but I am a personal injury attorney. Don't know much about workers compensation.
A: You have 5 years from the date of industrial injury to assert and prove 'New & Further Disability" so that window closed back in 2014. Sorry. Warn every worker you know that focusing on just one body part and failing to list every possible injury will result in injuries being unevaluated and untreated.
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