Workman's Compensation In USA

[Iam]

Does anyone here know if there is a statute of limitation on Workman's Comp claims here in the USA?


My daughter in-law worked for Home Depot when she and my son lived in California. They were robbed at gunpoint twice while she was there. The second time the robber held the gun to my daughter in-laws head. The company provided counseling and she went to a couple of sessions and my son's insistence (and mine). She was so anxious after that they ended moving back up here to Oregon. That was 3 1/2 years ago. She has told me that she is really suffering from anxiety, but didn't attach it to the robberies. I just remembered a couple of days ago and am thinking that maybe there is a connection. It seems to me that Workman's Comp should cover it if this is the case, but don't know if there is a statute limitation.

 

[popeye]

As far as I know the limit is two years at least that is what my lawyer said. I am also in the situation with this type of thing but we are going for the actual employer because of something different.

 

[Iam]

Thanks for your response Popeye.

Yeah...I looked online and it said 1 yr for California, but there are extensions. The law "supposedly" has flexibiliyt to look at it as 1 yr from date of disability. She is not disabled so I am not thinking about replaced income. I am thinking that they should pay for counseling and considering that PTSD, if that is what she has, doesn't show up or at least isn't dx'd sometimes for years that it should be possible to get it. IDK.....not even sure if she wants to pursue counseling. Just mom in-law here wanting the best for her and not wanting her to live for decades like I did not understanding the root of the problem.

 

[catjudo]

The problem is, since it's been an extended period of time since the incident you would likely have quite a battle proving that her condition was a result of a work-related incident. The time, frustration and cost of proving it was her past employer's responsibility to provide counseling would probably end up being more expensive than just paying for the counseling herself.

 

[intothelight]

Hi Iam,

She should check with the prior carrier/TPA that originally handled her claim. Since WC is no-fault, if the statute has not run out, she may be able to have some counseling covered. There are sometimes second injury funds or victim assistance funds available to help offset the costs. Most of these venues can be checked out without any need of legal counsel.

Hope this helps.

ITL

 

[Iam]

Hey Thanks ITL ;o)

 

[trav]

Best of luck to you and your daughter. I'm currently dealing with workmans comp for my ptsd. Workmans comp insurance companies and the people who work for them are the most horrible blood sucking scum on the face of the planet. I will stop myself now because I could rattle off pages of why I feel this way and don't feel like getting any more worked up than I already am just from the mention of them.

I seriously wish you and your daughter the absolute best of luck, you're going to need it,
Travis