Retirement Benefits Denied Due to Failing to File Suit

This is a local case of the City of Birmingham Retirement and Relief System v. McGough. The employee was a firefighter for the City of Birmingham and was injured on the job. He received treatment for more than a year and filed a claim for retirement benefits and extraordinary benefits related to his job injury. The lawyer for the employee did not file a lawsuit in time, rather just tried to settle the claim for money. The injured worker did not receive all of the benefits he was entitled to in this case.

The City of Birmingham sent the employee a letter denying the extraordinary benefits. The Employee filed a Petition with the Circuit Court. The Court after a hearing ruled for the injured worker. The City of Birmingham appealed and won.

The appellate court indicated that the firefighter had to file a claim from the denial within 80 days from the notification date. Had the injured employee’s lawyer filed a lawsuit after the injury, the claim would have likely survived. This is the case of having a lawyer that tries to settle cases without filing a suit.

If you are injured on the job and seek a workers’ compensation attorney, ask the lawyer if he will file a lawsuit or just settle with the insurance company. Your claim can be barred from two years of the accident or two years from the date of last medical attention.

If you are injured on the job, contact Ingram Law LLC at (205) 236-3997.

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