Visitor Question

Workers Comp Statute of Limitations Question…

Submitted By: Leslie (Phenix City, AL)

I slipped and fell at work due to water being on the floor from a broken air conditioner. However my major pain did not start until about 3-5 years later. I now live in Alabama but this occurred in Virgina.

How long do I have to file a workers compensation claim with the company I worked for, due to this pain I’m having now?

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 Leslie,

Alabama law states that notice must be given to the employer within five days if the accident produces an injury which is clear and convincing to the employee. If the injury does not present itself until a later time the last day in which the injury must reported is 90 days.

Because the injury did not manifest itself for 3 – 5 years you will in all probability be barred from any financial recovery or reimbursement for your medical bills.

We suggest you contact your employer from the time of your fall. You might also contact any former employees. It’s always possible you did file a claim, even if it was an informal one. If you put your employer on notice of your injury when it occurred you may have a remote chance of convincing the insurance company to reimburse you for your injuries.

But don’t get your hopes up. If your former employer will not cooperate you may have then exhausted all chances of any success.

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: August 3, 2011

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Visitor Questions

One thought on “Workers Comp Statute of Limitations Question…

  1. I fell at work when the floor was mopped but no signs were up.

    I tore my ACL and MCL in my left knee. I was off work for 3 months before I eventually needed a surgical repair. Then I was off for another 3 months. This happened in 2008.

    I have been told by a doctor that arthritis is now in my knee probably due to the injury. I have swelling and pain and difficulty walking and standing for long periods of time.

    I am having trouble finding a job. I hope I can get help from workman’s comp.

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