Accidents and injuries can happen anywhere, including at work. When a worker is injured on the job, they have the right to file a personal injury claim to recover compensation for their medical expenses, lost wages, and other damages. However, there are time limits on when a worker can file a claim. This time limit is known as the statute of limitations. In this article, we will explain what the statute of limitations is for workplace accident personal injury claims and why it is important to understand.
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What Is The Statute of Limitations?
The statute of limitations is a law that sets a time limit for bringing a legal claim. Every state has its own statute of limitations for personal injury claims, including workplace accident claims. The purpose of the statute of limitations is to ensure that cases are resolved in a timely manner and to prevent the filing of stale claims.
Why Is It Important To Understand The Statute of Limitations?
Understanding the statute of limitations is important because missing the deadline to file a claim can result in losing the right to recover compensation. Once the statute of limitations has expired, the injured worker is barred from filing a claim, regardless of the severity of their injuries or evidence that supports their case.
What Is The Statute of Limitations For Workplace Accident Personal Injury Claims?
The statute of limitations for workplace accident personal injury claims varies from state to state. In most states, injured workers have two to three years from the date of the accident to file a claim. However, some states have different statutes of limitations that can be shorter or longer. It is important to consult with an experienced personal injury attorney to determine the statute of limitations for your state and case.
Exceptions To The Statute of Limitations
There are some exceptions to the statute of limitations that can pause or extend the time limits for filing a claim. These exceptions include:
Discovery Rule
The discovery rule applies when a worker is not aware of their injury until a later date. In such cases, the statute of limitations starts running from the date the injury is discovered or should have been discovered with reasonable diligence.
Minors and Persons With Disabilities
Minors and persons with disabilities may have an extended statute of limitations beyond the typical two to three-year window. Minors may be allowed to wait until they reach a certain age before the statute of limitations starts, while persons with disabilities may be allowed additional time to file their claim.
Workers’ Compensation Claims
Workers’ compensation claims have their own statute of limitations separate from personal injury claims. In most states, workers have a limited time to report their accidents and injuries to their employers in order to be eligible for workers’ compensation benefits. The statute of limitations for workers’ compensation claims is typically shorter than the statute of limitations for personal injury claims.
Why Should You Hire A Personal Injury Attorney?
Navigating the legal system can be challenging, especially when it comes to personal injury claims. Hiring an experienced personal injury attorney can help you understand the statute of limitations and other legal requirements for filing a claim. An attorney can also help you gather evidence, negotiate with insurance companies, and build a strong case on your behalf.
Conclusion
The statute of limitations for workplace accident personal injury claims is an important legal concept that every worker should understand. Missing the deadline to file a claim can result in losing the right to recover compensation for injuries and damages caused by the accident. Therefore, it is important to consult with an experienced personal injury attorney as soon as possible after an accident to ensure that your rights are protected and your claim is filed within the statute of limitations.