Workman's Comp Statute of Limitations and other

[flyboynm]

What is the name of your state (only U.S. law)? NM

How long do I have to file a claim for benefits for a workman's comp case after having been terminated? I have been told 1 yr and 13 months. I have yet to have been declared at MMI. Does that factor into the equation?

I have letters from my psychologist, my case worker from the hospital I was in a month and 2 former coworkers stating my changes in mental state due to this occurring. Will this help with my case?

My injury was a broken ankle and elbow. These injuries, resulting issues and medical problems have caused me to become disabled. I have been approved for Social Security because of the mental health toll. I do not know if that will matter or not.

Thank you in advance.

 

[pattytx]

Are you thinking for mental distress (and not your physical injury), your ankle injury (assuming that occurred on the job), or both?

Why didn't you file the claim when the "injury" (whichever one you're talking about) occurred?

BTW, WC claims for "stress" are VERY hard to get approved. If that's what you're considering, expect the WC carrier to delve into EVERY aspect of your personal life. "Stress" to the extent you would be claiming is almost never totally attributable to your employer.

Plus, the fact that you waited until you were terminated to file the claim is going to raise a HUGE red flag.

BTW, the SOL isn't even CLOSE to what you state.

To whom must I give notice of my accident and by what date?

To whom must I give notice of my accident and by what date?
In general, you must give your employer or your supervisor "written" notice of the accident within "15 days" after you know that your job injury is connected to your job accident. You are permitted to give "verbal" notice within 15 days; however, if you do so it should be followed-up with written notice for your protection.

http://www.workerscomp.state.nm.us/about/faqs.php#five

 

[flyboynm]

I filed the original claim on the date of injury while in the ER and the employer was notified as appropriate to that policy. I have documented increased stress and depression dating to the date of injury. I have statements stating that I was in a great mental state up until the date of the injury. I do not know if that will have any bearing on this case.

I am asking if there is any statute of limitations that i need to know about in regards to the 1 yr anniversary of losing my job with the employer as for permanent disability. I have been under constant care of a Dr. since the date of injury until present day. My surgeon decided that he could do no more for me and referred me to another Dr to see what could be done. This physician prescribed a special brace. That was in January of this year. I have still as of yet to be declared at maximum medical improvement.

Sorry for the confusion. I was being distracted when I tried to post. If more detail is needed let me know.

 

[pattytx]

Sorry, that's all I know about it. See a Worker's Comp attorney.

 

[flyboynm]

Thank you for trying. I went to an attorney and they are taking care of it. I did that yesterday.