What is the Statute of Limitations in Workers Compensation Cases?

Getting injured at work can be difficult to deal with and very frustrating. You seem to be just doing your job and you get injured due to an unsafe environment or negligence on your employer’s part. If you get injured on the job, you may be qualified to receive workers compensation benefits. Workers compensation benefits allow you to get paid for your time out of work and also help with the medical bills from the injury. However, it is important to understand the statute of limitations when filing a workers compensation claim.

The Statute of Limitations is a legal term that defines the set amount of time an injured person has to file their claim for compensation or benefits. This usually can vary from state to state, however in the state of Florida, an injured person has two years from the date of injury to file a claim or one year after the last date of money paid for workers compensation. In other words, an injured employee cannot go a full year without getting some sort of workers compensation payment before filing a claim or they will no longer be able to.

However, there are some cases where the two-year rule can be overlooked. For example, if the injured employee can prove that he was lied to by his employer. There are also other cases where if the injured person was a minor or mentally incompetent the statute of limitations does not apply. There are also other cases where the two-year rule may not apply. For example, if a minor injury develops into a more serious injury over time the two-year rule may be overlooked.

Filing workers compensation benefits can be difficult and frustrating and no one should have to deal with that alone. If you have been injured on the job and feel you deserve workers compensation benefits Franco Law Firm is here to help. For more information regarding workers compensation or to schedule a free consultation, please call us at (813) 872-0929.