Statute of Limitations

If you have had an accident in the workplace, the first thing on your mind should be getting medical treatment. And the second? … tell somebody!

Notifying your employer of an injury suffered in the workplace is crucial to receiving workers comp benefits like paid medical bills and lost wages. Waiting too long could put that all in jeopardy.

Each state has its own statute of limitations, or deadline, for workers compensation.

Statute of limitations – a time limit to start legal action from the date of an incident.

That means as soon as you are injured, the clock starts running.

That can be pretty straightforward for an accident like falling off a ladder, but things can get very tricky when a worker suffers from an occupational disease. Diseases like carpal tunnel syndrome can take months and years to develop, making the rules about workers comp deadlines a bit murky.

What Are the Deadlines for Workers Comp?

There are two deadlines injured workers should keep an eye on:

1. Notifying your employer
2. Filing a workers comp claim

Each has its own separate deadline, which varies from state to state. For most injuries, the time limit will start from the day of the incident. However, when occupational diseases are involved, a day one can be difficult to figure out. Depending on the state, the start date could be when the worker begins to demonstrate symptoms, the last time the worker was exposed to the risk factor, or when the worker is diagnosed with an occupational disease.