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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 workmen's 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.

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. If your workmen's compensation claim has not been settled by this date, or a verified lawsuit filed, by this time, then your right to compensation for your Alabama Workmens Compensation claim is forever waived; however, in certain instances the statute of limitation can be tolled to allow suit to be brought at a later time (eg. if your employer misled you into believing you had longer to bring suit, your injury was latent for some time or if instead of ttd benefits your employer paid you your full salary for less than full work). In later blogs, we will discuss tolling the statute of limitation in some circumstances.

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.

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Alabama Workmens Compensation Claim Statute of Limitations

The Alabama Workmen's Compensation Lawyers at Powell and Denny have successfully represented injured workers in Alabama throughout the State, 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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