The cases don’t have to be filed within three years. They can be brought out of time.
Comment : Yes it is within 3 years of realising that you have a work related injury. Thankfully, the law does allow some leeway in this as it may not always be possible to realise how or where the injury was caused until you have seen a specialist and they have had enough time to formalize an opinion. I’ve checked this with a solicitor and he says that the case can be brought within three years from the time you were informed your injury was possibly aggravated by the therapist – the date of knowledge. To quote Jayne ” I have been told by pain specialists that she aggravated an existing problem” this is the point which needs to be within the three years.
Cases can be brought out of time but it’s at the discretion of the judge and from all accounts they’re not always successful as the defendant can claim they can’t prepare a defence due to the amount of time lapsed. The best thing to do it seems is to get the pain specialists to put their comments in writing, obtain a copy of your doctors notes (mainly to show that your doctor didn’t tell you it had been aggravated before the pain specialist did) and seek legal advice. Alternatively, seek legal advice now as the solicitor (if he/she is worth their mettle) should tell you to obtain this information anyway or do it on your behalf. Good luck with whatever you decide to do.