Am I eligible for workers compensation?

I was recently diagnosed with 4 herniated discs, one of which is so severe that it has broken off and the fragment migrated to the spinal canal. The MRI report said this happened recently. The back pain started a few months prior, and it came on all at once. Anyway, about a week before the pain started, I feel about 8 feet off of a ladder while on the job. There were 2 people that witnessed it.

Although there was no intial pain at the time of the fall, I believe the fall was the cause of the back injury. The fall was not reported to any supervisors because no injury was perceived at the time. However, when the pain started, I called in because I could not work. I went to the doctor and took a few days off. After a few days the pain was still there. I went back to the doctor. They refered me to

physical therapy. The week off of work became a month. At some point, I called in to work with a progress report, and the owner basically told me that he didn’t need me anymore. Anyway, I finally got an MRI ordered because therapy was not helping, and that’s where they found the herniated discs. The doctor asked me if I had had a fall recently that could have resulted in this injury. He said that this injury happened recently, and it fits the time frame of the fall. This fall happen nearly 4 months ago. Am I entitled to a workers’ comp claim or have I waited to long? And, if I entitled to a claim, how would I go about starting one?

Asked on October 22, 2017 under Personal Injury, Indiana

Answers:

S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

Based on the doctor's diagnosis that the herniated discs were due to a fall which occurred on the job, you are eligible for workers' compensation.
Workers' compensation is for injuries that occur on the job.
Your employer's human resources department should have the forms you will need to file a workers' compensation claim.  It would also be advisable to speak with a workers' compensation attorney.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.