1. k.little90

    k.little90 Active Member

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    Old Injuries... Will WMComp step up?

    Discussion in 'The Lounge' started by k.little90, May 6, 2010.

    In July of 2007, I pulled all of the tendons and ligaments in my left shoulder while working overtime at work. Because I was 'only seventeen' my bosses failed to report the claim until two weeks later when I legally became an adult. I was confused, hurting, and willing to listen to any advice that anyone would give me, so I let WMC string me along like a puppet. To make a long story short, the WMC doctor I was assigned to closed my case prematurely, and I'm still suffering from it.

    It's been almost three years and my shoulder still aches. I had to call into work last night because I was in so much pain. My arm often feels like it's fallen asleep, shooting needles and pins through my hand, making it hard to do anything productive. I've tried physical therapy and second doctor's opinions ON MY DIME and they've all come to the same conclusion... my case was closed too early, not giving me enough time to heal. My personal doctor has told me that if something isn't done soon, the continuous swelling in my shoulder and arm will cause nerve damage, eventually leading to surgery.

    Here's my question: I no longer work at the job that I got hurt at, so am I still able to reopen my WMC case? If they give me flack about it, do you think that I could fight them and win (My dad's a lawyer ;))? I'm scared that I will be stuck with a hospital bill I can't afford and out of a job because, for all intensive purposes, I'm 'disabled.'

    I'm just turning twenty and am dreading the years to come if this doesn't get resolved. Already it's hindered my daily life and I haven't been able to participate in physical activities and such because I'm unable to. Help! Any thoughts or advice would be appreciated. :(
     
  2. Cogito

    Cogito Former Mod, Retired Supporter Contributor

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    If your father is a lawyer, I would recommend asking him ratyer than us. Even if this is not his area of legal expertise, he will have colleagues he can consult with. I don't know what the statute of limitations would be for a workman's comp claim, but I wouldn't waste any time. Look into it right away, to keep your options as open as possible.
     
  3. s.knight

    s.knight Banned

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    i second what cogito said. Though, you may have a case. Remember the statute of limitation. But then, it could start from the date of diagnosis, i.e. when potential negligence was identified.

    Like cog said, this aint the best place for personal injury legal advice lol :)
     
  4. LordKyleOfEarth

    LordKyleOfEarth Contributor Contributor

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    Cog is spot on, asking a lawyer >> asking the internet. Every time.
     
  5. rory

    rory Active Member

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    If legal action doesn't pan out, you can always give alternative remedies a try, if you haven't already. Traditional Chinese Medicine is the next best thing to magic, in my very humble opinion. Best of luck! It seems you've found out the hard way that life revolves more around money than anything else...
     
  6. LordKyleOfEarth

    LordKyleOfEarth Contributor Contributor

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    Traditional Chinese Medicine is magic. That is to say, all in ones mind. Not that it won't make you feel better, but its all in your head. Mortality rates in china (traditional and modern) are abysmal.


    Physical therapy is a large field, if one therapist cannot help, look for another. Also, if they say you need surgery, check with 2 other PT's first. Recent advances have removed the need for surgery in moany cases, but not everyone is up to date.
     
  7. Speedy

    Speedy Contributor Contributor

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    My partner is a Workers Compensation solicitor, but i can only imagine how different the system works in the United States. So use your dad's cantacts and remember, if you get help, be sure to tell them everything. I hear so many clients getting screwed over by doing things and not telling they're laywer. (And it wont be the solicitors fault if it all goes to hell).

    I wish you luck.
     

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