Workers’ compensation and the statute of limitations

In most areas of Workers’ Compensation law there are time limits. Limits in when an injury must be reported. Limits in time for when a case may be filed. Time limits in filing this paper or that paper with the court. And what happens if you don’t follow the time limits? Your case may be thrown out.The legal world of Workers’ Compensation injuries has many different time limits. What follows is one of the very basic time limits in Workers’ Compensation.

Generally speaking, if you are injured at work, injured while working, injured in the course of your employment or injured as a result of your employment you only have so much time to report your injury or work related condition as being work related. In the most basic of issues in Workers’ Compensation cases you have 120 days to report an injury to someone in a supervisory capacity. If you bend over to pick up a box and feel pain in your back-for example-you know that you must report that to your employer within 120 days. If you are in a car accident while making a delivery and don’t go to the doctor for two weeks and now your pain is unbearable, you must report the injury to your employer within 120 days of the accident or injury. In some cases where you might not know your injury or condition is work related (carpal tunnel syndrome from repetitive use for example) you have 120 days from the date you knew or should have known your condition is work related.

Thus, for notice, that is putting your employer on notice that you have a work injury, remember to report it as soon as it happens and if you can’t then as soon as possible but no later than 120 days from it’s occurrence. If you have a case where notice or reporting the injury is an issue call us at Dugan & Associates. Facts and memories are funny things. As attorneys, we are familiar with these and other issues. But remember you must report the injury no later than 120 days of the injury. Call our firm today with questions at 888-99-DUGAN.

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