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i had carpal tunnel surgery bil about 10 years ago.it was a…

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i had carpal tunnel surgery...
i had carpal tunnel surgery bil about 10 years ago.it was a work comp issue.it never completely goes away because of tendonitis from the carpal tunnel.i do not work for that employer,but my carpal tunnel is getting worse again.can i go in stating it is a work comp issue?
Submitted: 8 years ago.Category: Employment Law
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Answered in 28 minutes by:
6/27/2010
Employment Lawyer: wallstreetfighter, Employment Lawyer replied 8 years ago
wallstreetfighter
wallstreetfighter, Employment Lawyer
Category: Employment Law
Satisfied Customers: 17,267
Experience: 14 years exp, General counsel for National Corp. firms, Hostos College instructor, Represented employees in discrimination lawsuits
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You can file a late claim, but your state will have a certain time limit to file, the latest a state gives is 3 years from discovery, but your state may be only one year.

 

 

States differ with regard to the amount of time they will allow for a claimant to file a claim. In California, there is a 1-year statute of limitation provided by the Act. In Florida, a claimant may file a petition within 2 years "after the date on which the employee knew or should have known that the injury or death arose out of work performed in the course and scope of employment."

In Texas, an employee "shall file with the commission a claim for compensation for an injury not later then 1 year after the date on which the injury occurred or, if the injury is an occupational disease, the employee knew or should have known that the disease was related to employment."

In Pennsylvania, "All claims for compensation shall be forever barred, unless, within 3 years after the injury, the parties have agreed that compensation is payable or, one of the parties has filed a petition for benefits."

These statutes of limitation are absolute and the issue of whether a claim is time barred can be raised at any time during the litigation proceedings. In legal terms, this means that a statue of limitations is not an affirmative defense and can be raised for the first time on appeal in many jurisdictions. However, as with most legislation, these limits are sometimes difficult to determine



Edited by wallstreetesq. on 6/27/2010 at 8:48 PM EST
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