Workers Compensation Statute of Limitations

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Workers Compensation Statute of Limitations

In order to claim workers compensation, you must file your claim within the allotted time frame, known as the statute of limitation. Each state has its own statute of limitations for workers compensation. Filing your as soon as possible is always the best option.

What Is the Time Period for Filing?

This depends on the state you were injured in. In general, the timeframe for filing can be anywhere from 30 to 90 days. There are exceptions to this rule that can extend the time. For example, you may have more time to file for workers compensation in cases where:

All these exceptions touches on the fact that the employee cannot physically go file a claim.

If you are uncertain about the duration of the time frame, it is best to file the claim right away. If the statute of limitations lapses, then you will not have any legal recourse.

What If My Injury Happened over a Course of Time?

For occupational diseases, the time period measurement is different. It begins when you first notice the injury. Nevertheless, it is best to file your claim as soon as possible. It is easier to record evidence of the injury then, and you will get the reliable doctor’s record. An example of an occupational disease is asbestos for construction workers.

What If I Missed the Statute of Limitations?

This may not be the end of the road for you. There may be other legal claims available, such as negligence. However, even alternative claims will have statute of limitations as well.

Do I Need a Lawyer?

Workers compensation claims are a complex field. With the help of an experienced workers compensation lawyer, your claim will go smoothly. Also, a lawyer can help you obtain a significantly larger settlement amount.

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Last Modified: 08-03-2015 04:53 PM PDT

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