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 may be tolled if your employer, with knowledge of your job injury and physical restrictions, chooses to pay you your full wage for less than full work. We also stated that it is best not to assume your paycheck will toll your statute of limitations. The Statute of Limitations in your Alabama Workmens Compensation claim may also be tolled if you suffer from a latent injury. A latent injury is one which occurs over a period of time and whose symptoms also take time to develop. For latent injuries, the statute of limitations does not start to run until a "reasonable person" would have recognized the nature and seriousness of their job injury.

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.