What do you do if you didn’t file suit within two years of the date of your accident (or two years from the date you were paid compensation)? The Court of Civil Appeals recently decided a case that says that if an injured worker was taken back to work on light duty and not really able to earn full pay for the less than full duty job they were duty, this can extend the statute of limitations. There are three elements to consider: (1) ‘the employer was aware, or should have been aware, that such payments were compensation,’ (2) ‘the payments had the effect of recognition of the [worker’s] claim,’ and (3) ‘the evidence indicates that the employer paid for more than he received.’” Jackson v. Delphi Automotive Systems, _So. 3d., (Ala. Civ. App. 2010). 2010 WL 58266, 2010 Ala. Civ. App. LEXIS 3, January 8, 2010.
Extending the statute of limitations in a workers' compensation case
- Details
- Written by Tracy W Cary
2012 Posts
- Comedian Calls Out Progressive Insurance for Defending His Sister’s Killer; Progressive Responds in Heartless Robot Fashion
- Insurance Myth #9: “Insurance Companies Are People Too.”
- Snakebitten at Work!
- Supreme Court reverses Court of Civil Appeals and holds that Court of Civil Appeals improperly reweighed evidence in workers’ compensation case.
- A Win For The Good Guys!
2010 Posts
- The Alabama Workers' Compensation Act
- US Senate Removes Federal Judge from Office
- News About the AMA Guides
- Beware of "Utilization Review!" But, Don't Let it Make You Give Up! By Tracy W. Cary
- Mission Trip to Peru
- Using PAIN to get outside the schedule by Tracy W. Cary (www.bamacomp.com)
- Extending the statute of limitations in a workers' compensation case
- A pain in the .... ARE YOU KIDDING ME?! By Alabama Workers' Compensation Attorney Tracy W. Cary
- Conclusion - A NEW TOP TEN LIST: The top 10 list of things that should be changed about the Alabama’s Workers’ Compensation Act.
- Number 1: The “$220 cap” - The top 10 list of things that should be changed about the Alabama’s Workers’ Compensation Act.
- Number 2: The huge chasm between 99 percent and 100 percent disability - The top 10 list of things that should be changed about the Alabama’s Workers’ Compensation Act.
- Number 3: Now you see it, now you don’t: wrongful termination claims - The top 10 list of things that should be changed about the Alabama’s Workers’ Compensation Act.
- Number 4: Subrogation in third party claims - The top 10 list of things that should be changed about the Alabama’s Workers’ Compensation Act
- Number 5: Arbitration of wrongful termination claims - The top 10 list of things that should be changed about the Alabama’s Workers’ Compensation Act
- Number 6: Create a limited doctor-patient privilege - The top 10 list of things that should be changed about the Alabama’s Workers’ Compensation Act
- Number 7: Lack of uniform standards for medical providers - The top 10 list of things that should be changed about the Alabama’s Workers’ Compensation Act
- Number 8: Attorney’s Fees - The top 10 list of things that should be changed about the Alabama’s Workers’ Compensation Act
- Number 9: No recovery for psychological injuries- The top 10 list of things that should be changed about the Alabama’s Workers’ Compensation Act
- Number 10: The table of scheduled members - The top 10 list of things that should be changed about the Alabama’s Workers’ Compensation Act
- A NEW TOP TEN LIST: The top 10 list of things that should be changed about the Alabama’s Workers’ Compensation Act
Resources
The Injured Worker's Survival Guide
As a service to the public, victims of job-related accidents in Alabama can get this book for FREE!!
Simply click the image above to receive The Injured Worker's Survival Guide.
Additional articles published by Tracy Cary:
The Road to Justice Starts Here (Newsletter) - Vol 1- No 2
The Road to Justice Starts Here (Newsletter) - Vol 1 - No 4
The Road to Justice Starts Here (Newsletter) - Vol 2 - No 1