Recently, we received a call from a woman who had fallen in a grocery store pharmacy and injured her lower back. We got the call for help nine years after the fall! The Statute of Limitations, which is the legal time limit for her kind of case, is two years. In other words, when people call us for help more than two years after they were injured, it is often too late for us to do anything about it, even if they were permanently injured, broke both their legs, or have not been able to work at all in years.
Even in those cases where the injured worker has the protection of a lifetime medical Award from the Virginia Workers’ Compensation Commission (VWCC), it is difficult for even the most experienced workers comp attorneys to work any magic after so much time has passed. It may be too late to get any wage loss benefits or even money for permanency. In addition, if there are gaps in treatment, the insurance company may deny needed medical care even when there is an Award of “medical benefits for as long as necessary.”
If you are hurt at work, keep in mind that the more time that passes the less witnesses remember, the greater the chance of important evidence getting lost or misplaced. Additional time passing also makes it more difficult for doctors to causally relate treatment to an on-the-job injury. If you need legal advice, the time is to call right away.
If you or someone you know was injured due to no fault of your own, please give us a call (703-796-9555) or email us at Abrams Landau, Ltd.