Visitor Question

Still in pain from hand injury 3 years ago…

Submitted By: A (Alabama)

I work at a glove company that manufactures hospital gloves all over the USA. One night I was pulling chlorine gloves that are very hard to pull off the machine and all of a sudden my left hand just popped. Pain just started shooting through it bad. I went to my foreman and he made an accident report but was really upset about doing so. He then sent me to the ER.

My hand has never healed from this and has gotten worse over the past three years. I told my employer about it and they told me that I’d need to take a drug test and fill out another accident report.

They never paid me workmans comp. They just made me come to work the next day shift and paid me like it never happened. They sent me to a company doctor but all he did was give me shots and prescriptions. He says I have carpal tunnel and I’m fine to continue to work, but I’m in a lot of pain!

This injury has always given me trouble and I feel that they should still be held responsible for it because I still work there, and it’s a pre-existing case. But over the past 3 years, and even now, I have big huge knots in my hands and my fingers sometimes feel broken. I also have a lot of burning going up and down my hand. What can I do?

Disclaimer: Our response is not formal legal advice and does not create an attorney-client relationship. It is generic legal information based on the very limited information provided. Do not rely upon the information in our response, or anywhere else on this site, when deciding the proper course of a legal matter. Always get a personalized case review from a local attorney.

Answer

Dear A,

Unfortunately the statute of limitations for filing a workers compensation personal injury claim is one (1) year from the date of the injury.

According to Alabama workers compensation laws, to have a legitimate workers compensation claim you must meet the following requirements. Absent one or more of these requirements your claim will fail:

(1) You must actually be an employee of the defendant

(2) Your employer must be subject to Alabama’s workers’ compensation laws

(3) You must show you suffered an on-the-job injury while performing your job duties for your employer

(4) You have an obligation to inform your employer you have sustained a work related injury

(5) You have to show the injury you are complaining from was the result of the job accident you suffered.

If you had met all the preceding requirements you would have had a valid Alabama Workmen’s Compensation claim.

While at the time of your injury you would have probably met these requirements, it appears your failure to file a claim within a year of your injury now precludes you from filing a claim. But you should check with an attorney just to be sure.

The above is general information. Laws change frequently, and across jurisdictions. You should get a personalized case evaluation from a licensed attorney. Find a local attorney to give you a free case review here , or call (888) 647-2490.

Best of luck,

Published: September 9, 2013

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