Q: I was injured on the job which was a quadriplegics home care worker. The father of the quadriplegic was told the day
I was injured and how it happened it took my doctors 3 years to find the problem once they had I needed emergency spine surgery i was close to becoming paralyzed. I went to in home supportive services and filed the workman's comp paper work and saw their workman's comp Dr who told me it's been too long to prove u were injured where and when I said it did and they called the father of the man I worked for and he lied and said he knew nothing of my injury happening on the job!! it's been 18 years since I was injured and 15 years since the discovery do I have a civil suit or can I sue the father? Workman's comp? In home supportive services or my health clinic for taking 3 years to find my problem which they MRIed the se wrong place twice it took a couple of months just to get my insurance to approve one MRI which they did at least 3 or 4 of them!
A: You can always file a claim for workers compensation benefits, but with this fact pattern you will have trouble overcoming the statute of limitations. Definitely too late for a civil suit.
A: The Statute of limitations requires you provide written notice to the employer within ONE YEAR of the incident resulting in injury. If it's a substance or latent chemical poisoning, it's one year from the date you were notified the exposure was at work. The Workers Comp judge would quickly issue a finding that the worker will 'take nothing' with this fact set.
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