Can I use "date of discovery" if the worker's compensation case is more than 10 years ago?

[pannoowau]

If someone falls on their back at their work place however the injuries and the pain occur 10 or plus years. Now, this someone has a spinal denigrating disease and soon she cant walk or lift something.

Can use the "date of discovery" exception so the Department of Labor and the judge accept the case.

This happens in TN and the statute of limitation of an injury is one year with exceptions.

[calvert]

Nope. That only applies to something that you didn't know was going on. Since you had the problem 10 years ago, you know something is going on and that's when the claim should have been filed, even if you don't know what the problem is.

However, it might be possible, if the person treated back then, to reopen the case as finding there is something more serious going on. However, if there was no treatment over the 10 years, it would be hard to prove the cause was that one injury and not just natural aging which is the normal cause of degeneration. That and long term labor that causes wear and tear on the spine.

[herald]

Although people often speak of "the statute of limitations", in fact there are many statutes which apply limitations periods to civil actions. Sometimes it can be difficult to keep track of the various statutes and their exceptions. Thus it is a very good idea for somebody who is concerned about losing their right to sue as a result of the expiration of the statutory limitations period to consult with a qualified lawyer, who can help determine which statute applies, and help preserve the right to recover damages.