Workers Comp Statute of Limitations Question...

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?

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ANSWER for "Workers Comp Statute of Limitations Question...":

Leslie:

Phenix City, AL

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.

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