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willow55126

Do individual states have specific statute of limitations in regards to WC claims?

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As an employed Flight Attendant I was injured in a fall while coming off a plane in Texas where company had headquarters.

Broken arm, hospital, eventual surgery. I collected WC from company through NJ as I was based in Jersey.

Attempted return to work and was put out again on Dr.'s orders. Re-opened the claim and was paid. Surgery produced functional but not total restoration to elbow/arm

No longer collected WC as was under impression I could not.

In mean time, while still in recovery from arm injury, was diagnosed with breast cancer. Again, no WC, I did not apply.

During recovery period I was contacted by company and asked to either resign or be terminated as I had been out longer than I had been employed. I foolishly chose to resign, not wanting a termination on any employment record.

Am now and have had issues relating to arm, hand, and have been told "ulnar nerve" is affected. Called company, now headquartered in Jersey and was told the statute of limitation had run out, and I was not eligible for any type of claim with them. I did not sign a release of any kind. Not in Texas, not in Jersey. I was told that it did not matter, that New Jersey had the limitations and since the company was now in Jersey there could be no claim.

 

Thank you for your time.

Willow5126

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Each state has its own workman's comp program and its own statutes of limitation. Even if the time has run out in NJ (and you don't want to take the airline's word for that) you might still have a claim in Texas, since that is where the injury actually occurred.

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