In last week’s Tip, we talked about the first deadline you have to meet for your worker’s compensation case to proceed, the 45 day notice deadline. This week, we talk about the second deadline: the statute of limitations.
The Worker’s Compensation Act sets a deadline known as the statute of limitations for the filing of a formal document called an Application for Adjustment of Claim with the Worker’s Compensation Commission. This is what starts your case going forward in the legal system. If you or your lawyer do not file your case before the statute of limitations expires, you will probably not be able to collect any additional compensation for your injuries.
So, how long is the statute of limitations? It is the later of three years from the date of accident or two years from the last receipt of benefits. For most case that means three years from the date of accident, but if you are getting benefits for over a year, then you have two years from the last receipt of benefits.
Most worker’s compensation lawyers consider the 3 year date to be the statute of limitations you should work with, if for no other reason than it is more clear cut. We tend to view the other way of calculating the statute of limitations as being like your emergency parachute when you go skydiving – it is a nice safety net, but nothing you ever want to rely on.
In truth there are few reasons to delay filing your worker’s compensation claim. There are no filing fees and the sooner you get the case on file, the sooner you can get your case to trial if necessary. And the longer you let a case go without a formal case being filed, the greater risk you run of letting the statute of limitations date pass without filing your case.
If you have a current worker’s compensation issue which you need help on, please feel free to reach out to our office by calling us at 312-263-1080 to discuss your issues and what options you have. There is no obligation to hire our law firm. You can also just call us at 312-263-1080. There is no charge for the call.
I hope this has been helpful, and if you know anyone who can benefit from this kind of information, please feel free to share this information.
We are here to help truck drivers after an on-the-job accident. Knowledge is power, and the first step in protecting your rights is to know what they are.