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.
