Injury victims have a limited amount of time to file a worker's compensation claim even though the program is provided regardless of fault. These are the time frames referred to by the statute of limitations. It is imperative that you file your claim as soon as possible, or else you may lose all of the important benefits that are available to you under workers' compensation.
For assistance with the application procedure and an explanation of how the statute of limitations affects your case, speak with experienced construction accident attorneys in Rochester.
The limitation period for workers' compensation claims
The statute of limitations for workers' compensation claims is typically one year. If you have an injury at work, you must register a claim within one year of the incident to be eligible for payments. But this is not the only deadline you need to follow. There are additional deadlines you should be aware of, such as:
- Letting your employer know about your injury - If you don't notify your employer of a work-related injury within a month, you risk losing your ability to get benefits. This obligation can be fulfilled by reporting the injury to the person in charge, such as the manager, supervisor, or foreman. A written letter is the most effective way to inform them, and you should keep a copy.
- After you report a work-related injury to the State Board of Workers' Compensation, your claim will be considered within one year.
- It is possible to file a claim for additional benefits after your partial disability or total disability payments have ended for two years if your medical condition worsens significantly.
- When a worker perishes due to an accident at work - When you lose a loved one due to a work-related illness or injury, their employer will be required to pay you death benefits within a year following their death.
What Takes Place When the Limitation Period Runs Out?
The workers' compensation statute of limitations will forever bar you from filing a claim. In most cases, if you attempt to file a claim during this time without having any approval from the SWBC, your claim will be rejected.
However, if you didn't report an injury at work for more than 30 days, you might be allowed to make an exception. Consulting an experienced attorney is your best bet for ensuring your workers' compensation claim is processed efficiently and without error.