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Alabama Workmens Compensation Claim Statute of Limitations

Alabama Workmens Compensation Claim Statute of Limitations

In Alabama, for an injured worker to have a compensable workmens  compensation claim, several hurdles have to be cleared: (1) the injured worker must actually be an employee of the defendant; (2) your employer must be subject to Alabama's workers' compensation laws; (3) you must show that (i) you suffered an on-the-job injury (ii) while performing your job duties for your employer; (4) the injured worker has an obligation to inform his employer that he has suffered a work related injury and (5) the injured worker has to show that the injury they are complaining from was the result of the job accident they suffered. If this can be shown, then you have a valid Alabama Workmen's Compensation claim, but that doesn't mean anything if you allow your statute of limitations to expire.

In our last blog we explained that the Statute of Limitations is the statutorily prescribed limitation on a person's right to bring a legal action. For an Alabama Workmen's Compensation claim, the statute of limitation is 2 years from the date of your job injury, or two years from the date you last received temporary total disability benefits, whichever date is latest. However, the statute of limitations may be tolled in certain circumstances. One such instance is when, instead of having you off work drawing ttd benefits, your employer chooses to pay you your full wage despite the fact you are unable to perform all your job duties. If you have suffered a job injury which your employer is aware of, you have job limitations which your employer knows and you are being paid your full wages while being unable to perform all your job duties, then these payments may be sufficient to toll your statute of limitations in the same way payment of ttd benefits would. Having stated this, it is best not to assume your paycheck will toll your statute of limitations.

If you have suffered a job injury and have questions about whether you have a compensable workmens compensation claim, you should not hesitate to speak with an Alabama Workmen's Compensation Lawyer; the experienced Alabama Workmen's Compensation attorneys at Powell and Denny would be happy to discuss your Alabama Workmen's Compensation claim with you.

Powell and Denny: We Work When You Can't

Offices in Birmingham, AL and Huntsville, Alabama

Alabama Workmens Compensation Claim Statute of Limitations

The Alabama Workmen's Compensation Lawyers at Powell and Denny have successfully represented injured workers throughout Alabama, from cities such as Birmingham, Irondale, Bessemer, Huntsville, Athens, Decatur, Leeds, Jasper, Guntersville, Albertville, Fairfield, McCalla, Alabaster, Pelham, Trussville, Hartselle, Harvest, Clanton, Calera, Arab, Oneonta, Cordova, Pell City, Alexander City and places in between.

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