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Ian's Mommy & #2 due in Oct. |
3 years ago, I cracked a tooth on the job... i was naive and 18, the manager said they wouldnt pay?
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a dog cracked my tooth at work 3 years ago when i was holding it while it was being groomed. i didnt know it was cracked until the next day, but since i didn't "report" it within 24 hours, my store manager said they wouldnt pay for anything. i did file an incident report though. i went to the dentist and they said to just wait until the tooth becomes loose and they will replace the tooth... but this could be anywhere from 2 - 20 years to happen. now i need a root canal because of the pain, but it has been 3 years. i will pay ATLEAST $300 out of pocket.
do i have a case? Additional Details i didnt know it was cracked until AFTER 24 hours after it happened... so no way for me to even report it within time limit.
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ChristopherLe
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wow that really must not suck
because i was born with bad teeth and 2 of my front teeth have no roots and i need braces to keep em on for as long as i can until i can replace teeth and im only 11 years old
Yours is nothing compared to my friken dumb issue
And yes it should be a case
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Expert Realtor
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No, you don't have a case.
The company can now say that something else in 3 years could have caused your tooth to need a repair.
You should have found another dentist who was ready to fix it immediately.
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Beer is good for breakfast
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Yes, consult with an attorney that specializes in Worker's Compensation. You should be able to find one that will talk to you about the case without charging your for a consultation. And then the case should be contingency. S/He only gets paid if you collect.
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Susan
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I think you might have a case but I am not sure if the compensation you would get would be worth the aggravation.
Everywhere I have read says you have 30 days from the time of injury to report it to you employer.
If filed an injury report with your employer then they should have filed a claim with their workers comp insurance. In most cases employers only have 5 or so days to report it to workers comp and if they don't they could be fined.
You can go to the states you live in workers comp web page and get information from there that might be more helpful.
Good Luck!!
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Bren
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I would say that it depends. The statute of limitations varies from state to state. I would consult a lawyer. If you can, and do sue, make sure that before you sign any papers that you read all the fine lines. Sometimes law suits can screw you over if you end up paying taxes for your winnings and for the cut you give your lawyer. Gotta be cautious.
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Laura
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You did file an incident report, which should have been reported to your company's workers compensation insurance. It is not up to your employer whether you can be covered. Waiting 24 hours would not have any effect on your ability to be compensated. I would contact a lawyer if I were you. However, you may have waited to long to file a claim (or force the claim). You also want to make sure that your injury report is still on file. Hopefully you still have a copy.
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storm
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Yes it is a convenience for you to be able to report it within a given time-frame, but in no way mandatory.
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benthr
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check with your states division of Workman's comp.they will give you the states guidelines and help you .
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MikeD2
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Paying out $300 to get your teeth sorted would seem far easier than to persue a long legal battle.
Get it sorted, keep the receipts and then sue.
Being British, I can't say if you have a case, but it sounds like you should be compensated.
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Ueki
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yes
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Shelby
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Doubt it seriously. Anyway, the amount you would spend on legal fees would exceed the cost of fixing your tooth. You can ask a lawyer at http://www.freeadvice.com/ and a lawyer will answer you.
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devil's child
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i say u don't but i'd check the company's policy on reporting injuries & then depending on what it says i'd consult a lawyer
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Victoria
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You need to talk to a lawyer about this. Look for a free legal advice line offered in your area. Good luck!
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colleenjp78
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If you filed an incident report, wouldn't this be considered as "reporting" it? I don't understand. If you have a copy of this report, I would believe you have a case, if you don't then I think you are stuck taking care of this yourself.
Remember, anything that happens to you at work, no matter how minor you think it is, should be taken care of immediately or it could come back to haunt you.
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Jon C
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Nope, you didn't follow the procedures of your employer. You know those papers you sign when you take a job, it is in there.
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Ralfcoder
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You can try to make a case out of it, but once you get the lawyers involved, the costs go up dramatically. It may be a lot cheaper to pay the $300 out of pocket, and consider it as a tuition payment to the School of Hard Knocks.
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Barkley Hound
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File a workman's compensation claim. Ask for a form from the employer. If you can prove that you filed a report and the employer did not inform you of your rights under workman's compensation you may have a case.
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