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Ala. Code § 25-5-80 sets forth the general statute of limitations applicable in a workers’ compensation case. The statute of limitations or legal deadline for Alabama workers’ compensation claims is the later of two years from the date of the accident or two years from the last workers’ compensation benefit paid to you. It does not extend the statute of limitations when you are provided medical treatment, because only compensation benefits extends the two years. For non-accidental injuries (for example, carpal tunnel syndrome that develops over time or certain breathing problems that result from exposures at work), the statute of limitations can be two years from the date you were last exposed to a condition that made the problem worse (also known as the date of “last injurious exposure”). Once a lawsuit is filed, the statute of limitations is tolled. Even if an injured worker allows the statute of limitations to run, it has no effect on the employee’s right to future medical care, as long as the worker is able to prove legal and medical causation.


Myth: If you speak to the insurance company or write a letter explaining your case and are reasonable, you will get a reasonable response that “pays” you what you deserve.

Myth: All lawyers who advertise that they handle workers’ compensation cases have the same ability, tools and experience to handle your case.

Myth: The paperwork you need to file is simple and the law is easy to understand.

Myth: Most compensation claims are made up or fraudulent and people would rather be on compensation and “milk” the system instead of working.

Myth: Your employer will make sure you get the benefits you deserve quickly and keep your job open for your return.

Myth: The doctor they send you to will not be infiuenced by the fact that your treatment is being paid for by your employer’s insurance company.

Read more myths in Tracy's new book: The Injured Worker's Survival Guide.

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