Filing for Workers Comp

How Long Do I Have to File a Claim?

If you were injured on the job and intend to make a workers’ compensation claim, there are certain time limitations you must know about.  The first concerns the duty to provide your employer with “notice of injury.”  Generally speaking, an injured employee or his/her representative must give the employer (or the employer’s authorized representative, agent or even the injured employee’s own supervisor) notice of the injury within five (5) days after the accident, but in no event later than “ninety days after the occurrence or accident” §25-5-78 and §25-5-117, Code of Alabama, 1975.  Failure to provide timely, proper, and sufficient notice of injury to your employer can result in the denial of your claim.

Assuming proper notice was provided, your actual workers’ compensation claim must then be filed in court within the appropriate statute of limitations.  This varies depending on the circumstances of your particular case.  Where all issues of workers’ compensation are involved, the length of time you have may depend on whether the employer has already provided you with temporary total disability benefits which can extend the statute.  If not, then you generally only have two (2) years from the date of the injury (or last exposure in cases of occupational disease) in which to file your claim.  Generally, an injured worker has:

  1. Two years from date of injury (or last exposure); or
  2. Two years from last payment of temporary total disability benefits to file the lawsuit.

See §25-5-78 and §25-5-117, Code of Alabama, 1975. 

If you fail to file your claim within the appropriate statute of limitations, you may not be entitled to recover compensation, and the courts will have no jurisdiction to entertain your claim.  In other words, your claim for compensation will probably be dismissed.

Since the notice and claims limitation periods vary from case to case depending upon the circumstances, you should seek legal advice promptly to make sure your rights are protected.  If you have been injured on the job and wish to speak with an experienced attorney about your right to workers’ compensation benefits, contact me for a free initial consultation.

DISCLAIMER:  The general information outlined above is not intended as legal advice in your particular case.  Every case is different and depends upon its own individual facts and circumstances.  Therefore, you cannot rely upon this information as legal advice and should contact Charles H. Rice for specific advice about your particular case.

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