Hi, my mother got injured at work 15 years ago. The person that was working on the case vanished and now the case is close. What are her opt...

Question

Hi, my mother got injured at work 15 years ago. The person that was working on the case vanished and now the case is close. What are her options to re-open the case or file something else. She has suffered from Migraine headaches everyday ever since and has all the medical records to prove it. Please Help!

Answer

I am sorry, but if she filed a Workers' Comp. case 15 years ago and nothing was done, it would be barred by the statute of limitations and equitable defenses. If she continued working for that employer then she could perhaps file a cumulative trauma case. She could contact the State Bar as to its malpractice fund but I am sure they wold also say it is too late to make a claim.

Answer

The statute of limitations has run on ALL claims, years ago, including any injury claim, legal or medical malpractice claim.