What are the Statute of Limitations for a Workers Compensation Case?
By Chris Dixon
A Statute of Limitations is a law that limits the amount of time that a person has to bring a lawsuit against a negligent party that caused or contributed to their harm and losses. If you have been injured at work and are looking for more information on your state’s Statute of Limitations for workers compensation, consulting an experienced lawyer about your case can quickly determine your state’s statute of limitations and provide information on whether you are eligible to receive workers’ compensation for your harm and losses.
Is the Workers Compensation Statute of Limitations the Same in Every State?
Workers compensation laws vary for every state in the U.S. While most Statute of Limitations for personal injury claims range between one to six years after an accident, the Statute of Limitations for filing a workers compensation claim typically ranges between six months to two years from the date of the injury. It’s essential to keep in mind that while your state’s Statute of Limitations for filing a claim is up to one or two years after the accident, most workplace accidents must be reported to an employer within a specific time frame for an employee to be eligible to file a claim. Typically, employees injured on the job have within 15 to 90 days after an accident, depending on a state’s workers compensation laws, to report the incident to an employer.
Can I File a Workers Compensation Claim After My State’s Statute of Limitations?
In most states, if an employee injured on the job surpasses the state’s Statute of Limitations for Workers Compensation claims, the claim is considered invalid, and the victim forfeits all rights to recover compensation for their harm and losses. However, depending on the nature of the employee’s workplace injuries, their claim might be protected by the rule of discovery. The “discovery rule” for workers’ compensation typically applies to workers’ compensation cases that involve occupational exposure. The most common types of acceptable occupational exposure injuries for workers compensation include:
- Mesothelioma from Asbestos
- Hearing loss or vision loss
- Chronic back pain
- Cancer from exposure to chemicals and other toxic substances
If you have suffered a chronic injury or disease because of occupational exposure, depending on your state’s workers compensation laws, you could be eligible to recover compensation for medical expenses, lost wages, and other expenses that you experienced because of the accident. It’s crucial to gather evidence from the accident (time card records, photos, witness reports), documentation of your injuries caused by occupational exposure (medical records, confirmation from your treating doctor), and hire an experienced lawyer to represent your workers’ compensation case.
Talk to a Workers Compensation Lawyer Today
If you or someone you love has been injured on the job, and you need help figuring out your state’s statute of limitations for workers compensation, it’s essential to hire a Workers Compensation Lawyer. An experienced lawyer can make sure that you are filing a claim within your state’s statute of limitations for workers compensation claims, meet the requirements for filing a claim, and have the support you need during this challenging time.
Christopher Dixon and the Workers Compensation Lawyers at the Dixon Injury Firm are committed to helping workers compensation victims and their family members recover the most compensation for their harm and losses. Whether you need more information on your state’s statute of limitations for workers compensation cases or help filing a workers compensation claim for occupational exposure, our Workers Compensation Lawyers are available 24/7 to discuss the options available to your case.
For more information on how our Workers Compensation Lawyers can help with your workers compensation case, and offer information on your state’s statute of limitations for workers compensation cases, call (314) 409-7060, 855-40-CRASH, or contact the Dixon Injury Firm today to schedule a free consultation.