Epileptic Seizures Resulting from Workplace Fall...

by Sher
(PA)

My husband fell at his workplace about 15 years ago. He was taken care of medically and later left the job. It appears that he sustained quite an impact in the fall because he now suffers from seizures. Prior to his recent neurological diagnosis he was uninsured and would see clinic medical doctors who would dismiss his seizure as stress.

Finally, he is now on my insurance and has coverage. Recently, he had the biggest seizure attack in his sleep and had to be rushed to the ER. This led to him seeing a neurologist who diagnosed the condition.

Is it too late to legally go after his job for compensation, even though his condition was not properly diagnosed at the time? Is there anything else we can do to seek compensation for this condition? This condition has caused memory loss and constant fear of epileptic attacks which interrupt normal life. Please let me know your thoughts. Thanks.

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ANSWER for "Epileptic Seizures Resulting from Workplace Fall...":

Sher (PA):

Regrettably the Statute of Limitations, or "time period" in which your husband had to file a lawsuit against his employer has run out. Whether it was workers compensation, or a lawsuit separate from it, 15 years is just way too long.

The Statute of Limitations in the State of Pennsylvania, like most states, is 2 years.

Although this is quite rare, you might contact that employer and see if a workers compensation claim was ever filed. If it was there exists the rarest of chances the claim might still be open. If it is, it might not be too late to explore the possibilities of reimbursement or compensation for you husband's treatment for Epilepsy.

If you are fortunate to have made it that far you will next have to be able to prove your husband's fall was the direct and proximate cause of his Epilepsy. Doing so will take massive amounts of medical evidence.

Since laws change frequently and across jurisdictions you should get a personalized case evaluation from an attorney licensed in your state (if you haven't already). Find an experienced local attorney to give you a FREE personalized case review here.


Best of luck,

Law Guy