Legal Question in Workers Comp in New Jersey
Is there a case here to sue....
In November of 2004, I was hit in the head with a metal shelf from 15 feet in the air. At the time I was out on workmans comp until February of 2005 with a cervical sprain. I never had any back or neck problems before the accident. Recently, I been have severe spasms in my neck so my doctor sent me for a MRI which resulted in a herniated disc and 3 buldging discs. I know cannot compete in any sports or do any heavy lifting. I even have problems sitting all day at my job I currently have. On the day of the accident the ambulance company did not put me in a neck brace, The hospital only took an x-ray which obviously showed nothing. The first doctor I saw through workmans comp okayed me to go back to work after three days and almost tearing my head off when he examined me so I asked to see another doctor. I know the statue of limitation is 2 years but is it form the date of injury or can a suit be filed within the time frame of the original workmans comp case was open which was until February 2005?
4 Answers from Attorneys
Re: Is there a case here to sue....
Generaly, you have 2 years from the date of the accident or last authorized treatment or payment.
It looks like YOUR CASE WILL EXPIRE IN FEBRUARY 2007. Contact me Friday so we can file the claim right away. If you wait, you may not be able to file. Our office is in Jersey City but we cover all of North and Central New Jersey and there is no fee if there is no recovery. Send an email or call the office. Thanks. Ricky Bagolie
Re: Is there a case here to sue....
It is two years from the date of the last authorized workers compensation treatment or last payment of workers compensation disability benefits. In your case you are very rapidly approaching the deadline date. If you wish to file a workers compensation claim you should contact me as soon as possible. Thank you.
Sincerely yours, -Ronald Aronds, Esq.-
www.njworkerscompensationlaw.com
Re: Is there a case here to sue....
The applicable statute of limitations for any claim fow worker's comp is two years from the accident or from the last payment, whichever is later.
If the last payment was made in 2/05, then it is very important that you contact an attorney immediately to protect your rights.
We specialize in Worker's Comp and have two Attoreny's who are Certified by the Supreme Court of NJ in this area. There are only a few attorneys in NJ who have this distinction.
We would be happy to discuss this case with you. Further it is important to note there is no cost to you and ultimately even if successful, most if not all attoreny fees are paid by the carrier.
Please call my partner Patrick Caulfield if you believe we can be of assistance at 800-34 NJ LAW.
The lawyer you chose is important.
Re: Is there a case here to sue....
you may be able to re-open the claim. I would need to speak to you