Statute of limitations for workers compensation

[bigherb]

what is the statute of limitations on a filing a claim with disability against workmans comp. if you need more info or if i am not being clear i will elaborate. :?

[aaron]

The name of the state you are in would help.

[CuriousBeth]

What is the statute of limitations in Georgia. I have a friend that has been more than ran over by a large company. When he first got hurt, he got short term disability. He went back to work and after a few days it was discovered he was hurt worse than he thought. The business sent him to their doctor. That doctor referred him back to his original surgeon. He went in to get workman's compensation because he was deemed unable and unfit to work at all. The lady gave him a notice but it said "Failed to comply with company policy", because he didn't call in the next day that he wasn't going to be there. He assumed they knew cause they are the ones that sent him to their doctor. He had a lawyer. The company tried to settle with him for basic pocket change (less than one month's salary). The lawyer he had just hired sent my friend a notice saying that the lawyer wasn't going to be able to continue on the case because of work load. It was told to my friend that the large company bought out the lawyer. He has tried to find other lawyers. They tell him he has a good case and then weeks later, they will send him a notice saying their work load is to heavy.

He was originally disabled in 2005.
The last he had heard from a lawyer or anyone, it was 2007.
He lives in Georgia.
He wants to know about statute of limitations on this.
He still cannot even get Social Security.
He has no income and cannot work.

[4eyedbuzzard]

You probably realize this already but your friend needs a REALLY good lawyer.

The reason the lawyers are all ducking the case is unclear, but typically lawyers don't make a lot on WC cases, and they can be a lot of work when they get complicated. The "buying out" honestly doesn't make a lot of sense if a large company is involved. Not for the amount of money involved in a WC claim. A small company maybe, but for a big company it's corporate and insurance money, and not coming out of the pocket of the people involved. While difficult to prove, any lawyer, insurance co rep, or businessman convicted of such would be looking at not just fines BUT significant prison sentences. Not impossible, but it's pretty unlikely. Your friend may also have a malpractice case if a lawyer agreed to take his case, and then reneged and caused him to lose out on benefits by not representing him in a timely and ethical manner.

The explanation of the staute of limitations is stated in the employee handbook as "If you believe you are due benefits and your insurance carrier/employer denies these benefits, you must file a claim within one year after the date of last authorized medical treatment or within two years of your last payment of weekly benefits or you will lose your right to these benefits."

But, given the circumstances, which are rather extraordinary, forget about the statute of limitations for the moment, as your friends ability to act within the statute may have been compromised by the actions of the company/ins carrier and even his own attorneys. Have your friend immediately contact the The State Board of Workers’ Compensation, and explain in detail what has happened to him. - "in the Atlanta area, the telephone number is (404) 656-3875. Outside the metro Atlanta Area, call 1-800-533-0682 or write the State Board of Workers’ Compensation at: 270 Peachtree Street, NW, Atlanta, Georgia 30303-1299. A lawyer is not needed to file a claim with the Board; however, if you think you need a lawyer and do not have your own personal lawyer, you may contact the Lawyer Referral Service at (404) 521-0777 or 1-800-334-6865"

http://sbwc.georgia.gov/vgn/images/p...e_handbook.pdf

Also have him call AND write his state representative, the governor, and contact an Atlanta based news agency that has a consumers affairs /corruption division that reports on such stuff. Sometimes you have to make a lot of noise to be heard when you're getting screwed around.

Hope this helps