Arthrofibrosis is a health condition where you develop excessive fibrous scar tissue in your joint, which can happen from a variety of causes. For example, some patients have health issues that lead to inflammation within the joint, which is a common cause of arthrofibrosis. The condition can also develop after an injury to the joint, like torn ligaments, meniscus tears, and fractures near the joint. Due to its effect on the area surrounding certain joints, arthrofibrosis is known by other names, including stiff knee and frozen shoulder.
Those who are afflicted with this joint condition typically have some or all of the following symptoms:
- Significant joint pain
- Swelling
- Difficulty bending or straightening the affected joint
- Limping
- Stiffness that results in limited range of motion
Arthrofibrosis is a difficult condition to live with, as it causes impairments in your ability to work and perform basic tasks. It can also result in exorbitant medical bills and monetary losses, which is why it’s important to determine the cause of your accident. Perhaps you were injured from a fall because of hazardous conditions on someone else’s property. Or, another person’s failure to act in a safe and responsible manner resulted in you getting hurt in a car crash.
No matter what type of accident you had, make sure to seek advice and guidance from an experienced personal injury lawyer.
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Can I Sue if I Developed Arthrofibrosis after an Accident?
Yes, you may have grounds to sue for arthrofibrosis after an injury if you were the victim of careless or reckless conduct by another individual or entity. For example, if you fell down at a store because of water dripping from a broken appliance, you can file a premises liability claim against the business, whether it’s an individual owner or a company that owns multiple locations.
What if you have a work-related injury that resulted in arthrofibrosis? Most likely, you are covered by workers’ compensation, which is a benefit that you are legally entitled to in the event of an injury or illness that was caused by your work duties.
With a WC claim, there is no need to prove that another party is liable for your injuries, which makes the process more straightforward than a personal injury case. However, many work accidents do involve negligence by a third party. A common example has to do with delivery workers who suffer injuries on a customer’s property from accidents like trip and falls and slip and falls. In this type of situation, the injured worker may have the option to file a lawsuit against the homeowner while receiving payments from workers’ compensation.
For a detailed discussion on the legal actions that are available to you, please schedule a free consultation with one of our attorneys.
Arthrofibrosis from Repetitive Use Injuries
Repetitive use, like doing the same set of tasks on a frequent basis for many years at your job, can also cause joint inflammation, especially in the knees and shoulders. This is quite different than arthrofibrosis due to one or more injuries from an accident. However, there is no denying that the pain, stiffness, and other symptoms of arthrofibrosis will impact your ability to work. You will also need medical care to break up and remove the scar tissue, along with medications to help with inflammation.
Whether you need to be out of work temporarily or on a permanent basis, most employers in California are required to provide workers’ compensation to their employees. Make sure to report your injury to your employer immediately, as there is a strict deadline on how long you have to initiate a workers’ compensation claim, which we will discuss in more detail later on in this article.
Deadline to File an Accident Injury Lawsuit
If your accident was due to another party’s failure to exercise reasonable care, you have 2 years from the date of being injured to file a compensation claim. The date of injury is normally the accident date, but in some cases, an injury may not be apparent right away, and this is not uncommon with conditions like arthrofibrosis. So, one can also base the deadline for a lawsuit on whenever the plaintiff learns of the injury, typically from a medical diagnosis.
Extensions are extremely difficult to obtain once the statute of limitations has expired on your case. This is why you must act quickly in the event you are injured from an accident that was caused by someone else, whether it’s a careless driver or a business that has failed to maintain their property. Please contact us immediately to learn about your rights and initiate the legal process if you have arthrofibrosis that was caused by an accident.
Workers’ Compensation Claims have Different Deadlines!
The statute of limitations to file for workers’ comp benefits is very different than the time limit for a persona injury claim. First and foremost, you are required by law to notify your employer of the accident / diagnosis of an injury within 30 days. At that point, your employer will initiate a claim with their insurance company and provide you with the paperwork you’ll need to fill out. You will also be directed to a doctor in their provider network, who will diagnose and evaluate your injury. A claim cannot move forward without this step, so please make sure to see your workers’ comp doctor as soon as possible.
Please note that you technically have 1 year from the date of injury (or finding out about the injury) to file a claim for worker’s compensation benefits. However, you should not delay in complete this step, as it puts you that much further from receiving medical expenses, lost wages, and other payments you are entitled to under California law. If you need help with the paperwork or run into problems, like the insurance company rejecting your claim, the work injury lawyers of Normandie are here to help.
Hire a Lawyer for $0 Upfront
At Normandie Law Firm, we don’t believe in adding to a victim’s financial burdens when they have the right to pursue an injury claim. That’s why we have a Zero Fee Guarantee policy for our clients, starting from the very first consultation. This way, the only form of payment owed to us is a percentage of the compensation you receive from a lawsuit or workers’ compensation claim. If we are unsuccessful in recovering your settlement, you won’t be asked to pay a single penny in legal fees.
Our attorneys are here for you 24/7, so please reach out to us and schedule a free, private consultation. We also provide free second opinions on active claims, in case you have questions or concerns about a lawsuit that’s already in progress.
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