There are many different ways that workers may get injured on the job. However, the time limit for filing a workers’ comp claim doesn’t change – no matter how severe your injuries are. Every state sets its own set of required time frames in which you must file a case, known as statute of “statute of limitations. If you fail to file a claim during the required time frame, the case will be dropped and you could lose your right to workers’ comp benefits. There are also specifications regarding how long you and your Florida workers’ comp lawyer have to report the injury to your employer. Read on to learn more about the statute of limitations for workers’ comp.
How Long Do I Have To Report My Injury To My Employer?
You have much less time to report your injury to your employer than you have for filing a claim. In the state of Florida, workers must provide written notice to their employer within 30 days of the date the injury occurred. Other states have shorter time limits to be aware of. Moreover, the employee’s section of the workers’ comp claim must be completed and submitted to your employer within that 30-day period.
Time Limit For Filing A Workers’ Comp Claim
The statute of limitations for injured workers in Florida to claim benefits, sue for lost wages, r receive medical treatment is:
- Two years from the date of the injury or
- If filed after the initial two years, then within one year of the last payment of compensation or within one year of the last provision of authorized medical treatment or care
This means that it is essential to regularly visit your workers’ compensation physician, and to get checked out at least once every 365 days. Under Florida case law, “two years from the date of injury” doesn’t start running until the injured worker reasonably could recognize the “nature, seriousness, and probable compensable character of his injury or disease.” This would apply in certain circumstances such as:
- If your injuries are significant and require both urgent and ongoing treatment
- Your injury put you in a coma or other mental incapacitation that made you unable to file
- You were quarantined due to your injury
If the written notice was filled within the 30 day time period, you may still claim benefits.
However, in most situations, the timeline for the statute of limitations runs from the date that the injury occurred.
Other Time Limits To Be Aware Of
Sometimes, workers’ comp injuries may worsen over time. If your condition declines after the workers’ comp benefits end, the employee may request the insurance to reopen their claim. The time limit for reopening a worker’s comp claim in Florida is two years.
Contact Us Today
While you’re not required to have an attorney to file a workers’ comp case, it can be overwhelming to try and navigate all this paperwork on your own – especially while recovering from an injury. Call Asnis Srebnick & Kaufman to consult with an experienced Florida Workers’ Comp Attorney today to ensure you get the benefits you deserve.
