Legal Question in Workers Comp in Alabama

Workman's Comp Case Settlement

I fell at work in Oct., 2002. Have since had 3 back surgeries. I was released to go back to work with certain restrictions, but the job they gave me couldn't be done with those restrictions. They refused to move to another dept., so I had to resign. That stopped my WC payments. That has been 2 yrs. ago. I have a claim pending but can't pay my living expenses since I've had no income for 2 yrs. Is there a time limit to settle claims?

Asked on 10/09/07, 7:58 am

2 Answers from Attorneys

Jon Lewis Lewis, Feldman, & Lehane, LLC
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Re: Workman's Comp Case Settlement

You must file a lawsuit within two years from the date of the last payment of TTD (Temporary Total Disability or 2/3 of your average weekly wage). If two years passes before filing suit, you can't settle unless they voluntarily pay you. If you file the suit, you may settle at any time while the suit is pending. Jon E. Lewis - jon@lewis-attorneys.com.

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10/09/07, 9:05 am
Rhonda Hood Hood & Lay, LLC
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Re: Workman's Comp Case Settlement

Alabama law requires that an injured worker file suit within two years of the on-the-job injury, or in your case, two years from the date of your last workers' compensation payment for the disability. If two years pass and the case is not resolved by settlement and you fail to file suit, your rights to benefits, other than medical, are legally unenforceable.

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10/09/07, 6:02 pm

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