Statute of limitations in a Workers Compensation Claim

In occupational disease claims employees or dependents of employees who have died have a two year statute of limitations from the date of disablement or 2 years from when the employee or dependent had actual knowledge that the disablement was caused by the employment.An employee who suffers from an occupational disease may recover workers compensation benefits. Occupational diseases are generally caused by long-term exposures at work with a slow and insidious onset. Usually repeated activity at work all day 40 hours per week for several months or years. ex. I type 40 hours a week, 52 weeks a year and now one year after doing so, my doctor tells me I have carpal tunnel syndrome

In accidental injury cases , the statute of limitations require that the claim must be filed within two years of the date of accident.Unlike an occupational disease, an accidental injury is usually one specific event that took place at a specific time and place and injury is usually noticed immediately or shortly thereafter.Accidental injury claims require an accidental injury, arising out of and in the course of your employment. Ex. I slipped and fell at work and injured my back.

Limitation can sometimes be extended if employer did not file a timely first report of injury or if the employee was misled by employer or insurance company about the need to file a claim with the workers’ compensation commission. Please note it is not enough to file the claim with the insurance company, the claim must be filed with the Workers Compensation Commission in order to preserve the Statute of limitations.

            Statute of limitations in a workers compensation claim may be different in death claims.Deaths must occur within seven years of the date of accident. The death claim must be filed as a separate claim from the employees claim within 18 months of the death for an accidental injury claim and two years for an occupational disease death

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