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Work Injury

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Mwajuma

Junior Member
What state do I file in?

What is the name of your state? Maryland (currently)
While residing in Guantanamo Bay Cuba(US Territory), I worked for a company that is based out of North Carolina and was injured (at work) in Jan 2004. I was helping a customer, using a flat bed dolly and my heel was grabbed by the wheel and flipped backwards causing hyper extetion to the tendon and nerve injury. I have since found, through medical treatment that I have perminant nerve damage in my left foot from this injury. I have a workman's comp. claim, but no attorney,(out of New Orleans) and was told today that my statute of limitations to file for damage has run out. My claim was orriginaly being taken out of North Carolina where I was told that I had to complete medical treatment and have an assesment done before I could even begin to file for damages, as I did and now that my case has been transfered I am being told different. I do know that this is US Territory and not Cuban soil and most issues are handled out of Jacksonville, Florida but I am not sure what state I should be filing out of and were to begin. Can some one point me in the right direction?
 
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Mwajuma

Junior Member
General advice please???

I was looking at the different states and their laws reguarding statute of limitations. In N.C., were my case was orriginally being taken care of, it is 3 yrs. Now it is in New Orleans and theirs is one yr. and I would definately be out of the time frame. They said that it should have orriginally been handled out of N.O. but because of the storm Katrina it was handled else where. The thing is that my injury and file were created in Jan. 2004, way before Katrina. Do you think they are trying to get over on me and should I continue to pursue this? If I do, who should I contact? The company out of N.O. said that they can not be held responsible for what someone else told me but they were the same companies, only in different states.
 

Maze

Junior Member
Mwajuma said:
I was looking at the different states and their laws reguarding statute of limitations. In N.C., were my case was orriginally being taken care of, it is 3 yrs. Now it is in New Orleans and theirs is one yr. and I would definately be out of the time frame. They said that it should have orriginally been handled out of N.O. but because of the storm Katrina it was handled else where. The thing is that my injury and file were created in Jan. 2004, way before Katrina. Do you think they are trying to get over on me and should I continue to pursue this? If I do, who should I contact? The company out of N.O. said that they can not be held responsible for what someone else told me but they were the same companies, only in different states.
I think before anyone can answer any questions, you need to know where your claim was filed, North Carolina or Louisiana. In reading your first post, it appears that your claim could possibly be a Longshore Harbor Workers Comp claim, falling under the Defense Base portion of the Act. Here's a link to the DOL site that explains who falls under this Act: http://www.dol.gov/esa/owcp/dlhwc/dba.htm. If you do fall under this Act and your claim was filed as a state w/c claim (in NC or Louisiana - doesn't matter which state) you may want to contact an attorney who handles USLH claims.
 

Mwajuma

Junior Member
Thank you for your advice

Thank you very much for your advice. You were absolutely right. When I called my case worker, he told me that it was filed under federal law which is why my statute of limitations has run out. I explained to him that that was of no fault of my own! His office was the one who directed me in what to do and I did what I was told. Now I am trying to get in touch with DOL but they keep sending me to different departments. I have tried to get a case number from my agent but apparently it is not the same as the one filed through DOL so I have work ahead of me!

Can you tell me if I can still sue the old employer for damages done? I would think that the Human Resouces Dept. should have been more on top of things and able to direct me more properly, when I asked them what I needed to to. THANK YOU AGAIN!!!
 

Maze

Junior Member
Mwajuma said:
Thank you very much for your advice. You were absolutely right. When I called my case worker, he told me that it was filed under federal law which is why my statute of limitations has run out. I explained to him that that was of no fault of my own! His office was the one who directed me in what to do and I did what I was told. Now I am trying to get in touch with DOL but they keep sending me to different departments. I have tried to get a case number from my agent but apparently it is not the same as the one filed through DOL so I have work ahead of me!

Can you tell me if I can still sue the old employer for damages done? I would think that the Human Resouces Dept. should have been more on top of things and able to direct me more properly, when I asked them what I needed to to. THANK YOU AGAIN!!!
Mwajuma,

I really don't know what the statute for filing a lawsuit is for federal w/c claims. Regardless of the statute, though, if you have a permanent impairment from your injury, you are due benefits from workers' compensation and you could still retain an attorney, if necessary or desired, to assist with this process.

The New Orleans office for the DOL is closed due to damage from Hurricane Katrina. They have temporarily relocated to Houston and their phone number is 713-943-1893. Their mailing address is 8866 Gulf Fwy Ste. 140, Houston, TX 77017. You can contact them for assistance with your claim.

Just out of curiosity, is your employer self-employed or do they have an insurance carrier or third-party administrator handling their claims?
 

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