How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask John Your Own Question
John
John, Employment Lawyer
Category: Employment Law
Satisfied Customers: 4524
Experience:  Exclusively practice labor and employment law.
71296933
Type Your Employment Law Question Here...
John is online now
A new question is answered every 9 seconds

My son lost s job working union company that cleans up train

Customer Question

My son lost his job working for a union company that cleans up train wrecks and does track maintenance. He and another employee were let go a few weeks back due to downsizing. While working there he suffered from knee pain which gradually got worse. He even remembers a "pop", followed by pain. He mentioned it to a supervisor, who fluffed it off as normal and that it went with the territory. Since termination he has been to a orthopedic specialist. Testing has revealed that he has a torn meniscus. He was scheduled for surgery to repair it when the hospital called to advise him that his insurance had run out and that he should have claimed it as a workman's comp injury. My question is can he go back and claim this as a workman's comp injury with any success? He is currently on unemployment, and the injury is preventing him from moving forward with his job search.
Submitted: 9 months ago.
Category: Employment Law
Expert:  John replied 9 months ago.

Generally, claims must be filed within three years of the injury or disablement from an occupational disease, or within two years of the last workers' compensation payment, whichever is later. He already filed notice of injury by telling his supervisor of the injury, so he only needs to file his claim now within the 2 or 3 year limitation.

Expert:  John replied 9 months ago.

I am sending you this follow-up to determine if you require further assistance with your matter. I believe I have answered your question to the best of my abilities. I truly enjoy helping others with my knowledge and experience, and I believe I provide a valuable service. If you agree that my response was of value to you, please support my endeavor to share my knowledge by providing a positive rating. You have already been charged the full amount for your question. Providing a positive rating will not cost you any additional charge, but it will permit the website to credit me with answering your question. Otherwise, the website does not credit me with answering your question. Thanks.

Expert:  John replied 9 months ago.

I am sending you this follow-up to determine if you require further assistance with your matter. I believe I have answered your question to the best of my abilities. I truly enjoy helping others with my knowledge and experience, and I believe I provide a valuable service. If you agree that my response was of value to you, please support my endeavor to share my knowledge by providing a positive rating. You have already been charged the full amount for your question. Providing a positive rating will not cost you any additional charge, but it will permit the website to credit me with answering your question. Otherwise, the website does not credit me with answering your question. Thanks.

Related Employment Law Questions