Workmans Compensation Benefits After 30 Years?

by Anonymous
(Alabama)

I'm in the state of Alabama. Thirty years ago I injured my thumb on the job and I filed a workers comp claim. I had surgery on the thumb and was told by my doctor not to sign any release forms, which I did not do.

Now the joint in the thumb needs to be replaced due to painful arthritis. What are my rights? Thank you.

Disclaimer: Information provided in our response is NOT formal legal advice. It is generic legal information based on the very limited information you provided. Under no circumstances should the information in our response, or anywhere else on this site be relied upon when making decisions about your case. You should always get a formal case review from a licensed attorney.

ANSWER for "Workmans Compensation Benefits After 30 Years?":

Regrettably you have no legal recourse to recover through Workman’s Compensation or through a civil suit. The Statute of Limitations has run out on both cases. That means the allotted statutory periods in which you must either finalize your Workman’s Compensation claim or file a civil suit have expired.

Additionally, because the original injury was covered by Workman’s Compensation you are proscribed from filing a civil lawsuit anyway. 30 years is just too long a period to file most civil claims.

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