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claiming injury late
#1
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Hi, I am new to this site. I am currently pursuing a WC through my employer. I have a torn tendon in my shoulder, tendonitis, and bursitis. I work at a grocery store and I did a lot of the heavy lifting (they would call me the "work horse").

July 2008 was when I first felt pain in my shoulder. I also noticed decreased strength and mobility and a weird clicking noise when I would lift my arm a certain way. I wasn't sure what was going on so I went to my PCP. He did an exam and x-rays and he couldn't see anything wrong. In August I was referred to get an MRI to see if that would uncover my mystery pain. After I got the MRI the doctor told me the bad news. We discussed my habits to try and figure out what caused this to happen to my shoulder. I have never in my life injured my arm. My doctor came to the conclusion that my injury was a result repetitive motion and heavy lifting at work.

I immediately told a few of my managers about this and no one ever had me fill out any WC forms. I went to physical therapy and continued working until the pain became unbearable. I was working January 22, 2009 and I asked the manager on duty to go home early because of my shoulder. When he found out that it was work related he freaked out because I hadn't filled out any paper work.

That day I got my claim started and now WC is trying to fight the claim because I started my claim too long after the injury. I don't think this is fair because I notified my work and the managers failed to do their part. Can I really be denied because of my manager's negligence??


Injured in Oregon
 
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#2
Hi and welcome!

Ck this out http://www.workerscompensation.com/oregon.php

I do not know what the time limit is in your state to file a claim...but since it's a repetitive motion injury....it's accumulative..meaning it took alot of over use to injure it. You may need to talk to a Cert WC lawyer (on phone = free) and ask this question. A hearing may have to be set up if WC denies so you can fight for your rights. Someone far more "in the know" will be along soon to properly answer your questions....so hang tight.

Good Luck, LillySmile
Injured worker, & tired of it all! I'm too old for games!!

A careless word may kindle strife, a cruel word may wreck a life, a timely word may level stress, and a loving word may heal and bless!
 
Reply
#3
Also, look around in your break room or where your employer has there safety and workers comp information paper work hung up. It is a law that they have to have it hanging up in a "need to know" area. I'd go on a non-busy time and read the poster carefully. You can get all your rights, and write them down. There will also be a phone number and usually an email and address for further questions.
 
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