do i have a claim???????????

Question

i was recently fired from a job that i had been a for nearly five years. about a year ago i crushed my index finger, it was broken in eight places. i never took the time off to have the surgery done that would fix it. now that i have been fired do i still have the right to get my finger fixed and would they have to pay me workers comp., because i won't be able to work for 6 to 8 weeks while it heals. the doctor said all he can do is fuse it together.

i did fly in and see a doctor at the time of the accident. he treated to injury and released me to go back to work, but never realeased me from my claim.

Answer 1

Unfortunately no. I'm sorry to have to tell you this. You should have filed claim right when it happened and gone to the worker's compensation doctor listed on the Worker's Rights poster located in your workplace.

A year has gone by so now it's too late to file anything. Whenever you get injured on the job, no matter how small, it should be documented, in case later it does turn into a big deal.

Answer 2

This really depends on the state. Typically, Workers' Comp claims are strict liability, and the fact that something happens at work automatically means the employer is held responsible, even if its not their fault. Check your state's statute of limitations on filing claims, and maybe see an attorney to be sure.

Answer 3

Nope, you do not have a claim. You have been terminated! You did not file the workman's comp claim for the injury at the time it happened.

You are basically screwed, but see a workman's comp attorney. There may be a loophole somewhere.

Answer 4

No, Workmans comp must be filed imedatly. After a year you could have broken the finger any where.

Answer 5

you can possibly get it fixed, but since you were fired, you don't have a claim for wages lost due to recovery.

Edit: if he has paper work that the injury occured during his employment, that may change it a bit.