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What is the statute of limitations to sue for a serious work related head injury in AL?
Anonymous6 views8 answers
As an 18 year old in 1980 I was working on the loading docks of a mayonnaise factory and was bury alive under a pile of wooden pallets when they topple over on me while running a fork lift with no roof. I was not wearing a hard hat and took a massive blow to top of head. Everyone thought I was dead until they removed all the pallets and I stood up with blood running holding the fork lift steering wheel hand. The force broke the steel bar holding in half and smashed my left pinky flat. I was taken to emergency room, stitched up and left that night. What can I say other than I young stupid and tough as hell. Fast forward 35 years and now I have been diagnosed with Cognitive Disorder due to TBI. Is there any thing I can do now to recover?
Go see a local workers comp lawyer to be certain. If you were recently diagnosed, perhaps there is an exception that will help you. In some states an "occupational disease" does not start the clock ticking until the diagnosis. Good luck.
Sorry but you waited too long. While you have listed this matter under personal injury it appears that you were injured at work. Either way, this matter should have been addressed decades ago.
In Alabama, you have two years from the date of the accident to settle your claim or file the case in court in order to preserve your rights. You also have two years from the date of the last compensation paid to settle or file in court.
I will defer to the many good Calif attys that frequently answer here, but I would agree with Mr Bollinger that the only possible exception in my state would be the argument that the the time to file doesnt begin to run until you knew, or should have known, that you had an injury. Of course they will argue that you knew at the time but lets see what the expert Calif workers compensation attorneys have to say.
Gilbert Earl FisherWorkers' Compensation LawyerFresno, CA ·
Was the injury in Alabama? If so, the claim would be in Alabama, and use Alabama law. Talk to an Alabama lawyer, who can get all the facts and best advise you of your rights. In California, there are exceptions to the statutes of limitation, based on the fact that the diagnoses, and your knowledge of the injury are more recent, and that may or may not also apply in Alabama. Don't give up until you go in and discuss it with a local attorney, as Mr. Bollinger and Mr. Connell have advised. Best of luck.
