What is the statute of limitations regarding the filing of a workers compensation claim in Alabama?
Generally, the statute of limitations for filing a workers’ compensation claim is two years following the accident or the last payment of compensation. However, there can be a “gray” area here as some employers will put you back to “work” (at an easy or “made-up” job) and pay you a check. If you’re not careful, an argument will later be made that this was not compensation but wages. Thus, if the claim is filed more than two years after the accident the employer will argue that the statute of limitations has run. This can be devastating to the employee’s claim if successful.
