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

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My son lost his job...
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: 2 years ago.Category: Employment Law
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Answered in 10 minutes by:
3/3/2016
Employment Lawyer: John, Employment Lawyer replied 2 years ago
John
John, Employment Lawyer
Category: Employment Law
Satisfied Customers: 5,986
Experience: Exclusively practice labor and employment law.
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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.

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Employment Lawyer: John, Employment Lawyer replied 2 years ago

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Employment Lawyer: John, Employment Lawyer replied 2 years 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.

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