Workers Compensation Time Limit Expired.

All right here’s a fun one for the Readers...
(North Dakota)
I was injured in a Car Accident in May of 99 (22 months ago) and it was not my fault. I was driving the Company Car and on the clock. I went to a Chiropractor the next day, and filled out the paperwork for the workman’s comp claim and filed out a bunch of papers to which I have no clue what they were. My employer told me that everything was taken care of and that there was no need to worry. So I stopped seeing the Chiropractor 2 months after being injured, and heard nothing about the incident afterwards. Now that I am no longer employed by that business, 3 weeks ago, I received call from the Chiropractor stating that I had never filled out a C1 Claim Form, and since it has been more than a year from when the accident occurred, I can no longer file a claim. I told the Chiropractor's office that I was injured on the job, and that it was the business’s responsibility to make sure that everything was set. They contacted my former employer and my former employer said that it was MY responsibility to pay the bill, and not theirs. The Bill is for 2000 dollars, and I am wondering what I should do or who is liable for the claim. As far as I know, is that since I was on the job, it is the companies responsibility to make sure that they filed the claims. Please I need some help here. Am I going to spend more money hiring a lawyer and taking this to court, or go to small claims court, or is this going to be an open and shut case, Thank you.

An Old FL Adjuster's response

I am not an Attorney, but I used to be a W/C Adjuster, so this is only an opinion. When one fills out a W/C claim, they have to fill out the paperwork, state in their own words what happened, and sign it. Then, the injured worker receives a copy. Did you get this? If not, in FL, and I don't know about NY, but you can file in a year's time, or the statute of limitations would pass. However, it would very hard to do if there wasn't a report filed, but I would discuss with an Attorney. It never hurts to ask. You could contact the Insurance Co. that carries your Employer W/C insurance to see if there ever was a report filed, but if you think you filled out an injury report at the Dr's office, this is NOT the same as filing with your employer. Good Luck, and get an Attorney.

[Edited by Georgana Chastang on 03-22-2001 at 04:42 PM]

seek immedicate counsel

get yourself an attorney quick. most states you have up to two years to file a claim. as long as your employer knows the accident happened, it doesn't matter if report was written or verbal. get an compensation attorney, there is usually no fee to retain, they are paid out of the awards come time of the settlement.

good luck, Don