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Statute of Limitations in a Workers' Compensation Claim

First, a Statute of Limitations is a law that places a deadline on when a claim must be made before it is lost forever. There are statutes of limitations for many different types of cases. There are even such statutes in criminal cases except for the most serious offenses. Why do these laws exist? The main reason these laws exist is so that the “offender” in a criminal case, or the “payor” in a civil case can have some expectation of finality for claims. In other words, it is just kind of “fair”.


I recently spoke to a person who was injured at work four years ago. Instead of making a claim with his employer, this person used their personal insurance to pay. This person was having continuing problems with the injury from the original incident four years ago and was recently let go. Will Workers’ Comp Insurance now start paying for this claim? The answer is almost certainly not. The statute of limitations has run on the workers’ compensation claim.


What is the Statute of Limitations in a Workers’ Compensation case? An injured worker has two years from the date of injury if workers’ comp does not pay anything on the claim.

An injured worker only has one year from the date the last payment or benefit was paid if workers’ comp does pay for any treatment or benefits.


Please contact my office if you have any questions. Have a great week!

Kevin


“Success is not final, failure is not fatal; it is the courage to continue that counts.” -Winston Churchill


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