Visitor Question

Are there any exceptions to the statute of limitations?

Submitted By: Ervie (Dothan, AL, USA)

I was injured during the apprehension of a shop lifter, which resulted in my having to have reconstructive surgery on my knee. I was told by two different claims adjusters who handled my workers comp claim that the statute of limitation would not start until I receive an impairment rating from my doctor.

I just received a 37% impairment rating this past April. I began to research what I need to do and discovered the statute of limitations is two years from the date of injury. My injury was in 2007.

Is there any way to extend the statute of limitations for my injury? Are the rules for time limits different for workers compensation lawsuits? Thanks for any info you can give.

Disclaimer: Our response is not formal legal advice and does not create an attorney-client relationship. It is generic legal information based on the very limited information provided. Do not rely upon the information in our response, or anywhere else on this site, when deciding the proper course of a legal matter. Always get a personalized case review from a local attorney.

Answer

Dear Ervie,

Unfortunately it appears you received some bad advice from the claims adjusters who handled your claim.

Although different states have varied statute of limitations periods, in the State of Alabama an injured worker has two years from the date of his injury, or date he was last paid temporary total disability benefits, in which to have either settled his claim or have filed a law suit. Claims not made within this time period are forever waived. Regrettably you seem to have fallen into this category.

In some states the statute of limitations on workmans compensation claims is 1 year from the date of injury or last payment of total disability payments, yet there is a 2 year statute of limitations for the filing of a lawsuit.

In the State of Alabama the statute of limitations for filing a personal injury claim is the same as when filing a workmans compensation claim – 2 years.

Unfortunately in your case, as in all other states, under circumstances similar to yours there isn’t a way to extend the statute of limitations.

The above is general information. Laws change frequently, and across jurisdictions. You should get a personalized case evaluation from a licensed attorney. Find a local attorney to give you a free case review here , or call (888) 647-2490.

Best of luck,

Published: June 26, 2012

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