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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Employment Law
Satisfied Customers: 118192
Experience:  20+ Years of Employment Law Experience
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I was involved in an on the job accident at work in 2003 and

Customer Question

I was involved in an on the job accident at work in 2003 and was out of work for 2 years 2005. After Returning in I found that it was getting more difficulty working with the pain that I was having due to the accident. After about 9 years I could not take the pain anymore and decided to retire 2014. I had to have back surgury and with the pain from the additional injuries(shoulder and arms)from the accident . I retired with 34 plus years and recieve around 58%. I have been told that I should have gotton a disability retirement with a higher percentages. Is this true or is it too late.
Submitted: 1 year ago.
Category: Employment Law
Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
As long as you continuously treated for your injury from 2005 through 2014 under workers compensation and did not let your claim lapse for more than 2 years, you could still seek compensation under workers compensation. However, if you at any time did not get any treatment or visit the doctor under the claim to keep it active for a period of more than 2 years, it is likely too late for you to seek the disability claim under workers compensation. However, if you retired in 2014, it is getting close to that time for you to try to get them to convert your pension to disability and submit all of the medical records proving the only reason you retired was the work related injury (it is not quite too late for that yet) and it is always worth filing even if you are close to being late.