Workers Comp Statute of Limitations
- The statute of limitations for a workers' compensation claim varies from state to state. In Washington, for instance, injured workers have one year to claim benefits; in Oklahoma, they have two years. Each state's legislature has authority to amend or extend the deadline, so the statute of limitations can change with each state's congressional session.
- Knowing a state's statute of limitations is just the beginning of the analysis, because the date from which you start counting the time also changes from state to state, depending on each worker's individual circumstances. Some states start counting from the date of the event that caused the employee's work-related injury, while others count from the date the employee realizes her ailment was related to work duties.
In one state, for example, the clock does not begin to run until the employee knew or should have known that her injury was work related. In that state, once she discovers the link between her work and her injury, she has two years to file a claim. In another state, an injured worker has one year to file a claim after an injury, but if the worker has a work-related disease, she must file within one year of discovering that the disease is related to her working conditions. - Most state laws require judges to interpret the statute of limitations liberally in favor of the injured worker. In those states, even though the statute of limitations may have expired, the judge will try to find a reason to extend the deadline.
In one Pennsylvania case, for instance, the judge ruled that the date of the employee's disability -- not the date of the traumatic injury -- triggered the beginning of the statutory limit. In that case, the employee's condition got worse as time passed, and doctors considered the employee to be disabled some time after the on-the-job injury occurred. Most states also extend the deadline if the worker delayed filing because her employer misled her about the filing deadline. - Both employers and workers should consult with legal counsel about workers' compensation claims. The statutes are complex, and they can change based on legislative or judicial action. An employer may be entitled to use the statute of limitations to dismiss a claim, and an employee may be entitled to file a claim even though the time limit appears to have expired. A local lawyer can help employers and employees interpret the statute and handle claims accordingly.
