Workers Comp: Statute of Limitations

Workers Compensation: Statute of Limitations

The Statute of Limitations in Florida workers compensation has some unique requirements that aren't generally seen in other areas of law, which is why it's important to have an experienced workers compensation attorney fighting for you. In general, the Statute of ...

Limitations is two years for workers compensation. However, because of the nature of a workers compensation case, this is a little different from the standard civil lawsuit.

Two Year Statute of Limitations

F.S. 440.19 states there is a two year Statute of Limitations for workers compensation lawsuits in Florida. This means that the first Petition for Benefits must be filed within two years of the date that the employee knew or should have known of the injury unless there is a reason to toll (extend) the Statute of Limitations.

The Statute of Limitations can be extended if the injured employee receives a benefit from the insurance company. This benefit can be indemnity (lost wages) or medical benefits. The Statute of Limitations is extended to be one year from the date the last benefit was received. 

For example, lets say you have a back injury. You report the injury and the insurance company provides medical treatment and indemnity benefits for three years. You last appointment was three years after the accident. Then insurance company says they're no longer going to provide medical benefits. You have one year from the date of your last appointment to file a Petition for Benefits.

The extension of the Statute of Limitations in workers compensation is due to the nature of workers compensation. Workers compensation is designed to provide the injured worker treatment until the worker no longer needs treatment. While most workers comp cases settle within a year, in some instances, they can go on for ten years or more if it's a serious injury and the injured worker decides to continue receiving treatment. 

30 Days to Report

One important nuance of workers compensation is the 30 day reporting period. F.S. 440.185 requires that the injured worker report the accident within 30 days. Under this statute the injured worker must report the accident or injury to a supervisor. This can include a direct supervisor, HR, the office, or other person in authority. It's best to report the accident in writing so that it can't be disputed later. 

If the accident or injury is of such severity that the supervisor should have known, then the law understands if it was reported late. This could include things such as an ambulance coming to take the injured worker away. Likewise, if the worker was unable to discover the injury without a medical opinion, then it must be reported within 30 days of discovery. This could include things such as carpal tunnel, repetitive trauma, and numerous others. 

Workers Comp Attorney

If you were injured on the job in Florida it’s important to hire an experienced Florida workers comp lawyer, such as Attorney Andrew Graves. Workers compensation is a nuanced field with many exceptions to the rules. Your lawyer will be able to gather evidence, negotiate with the insurance company, protect your rights, and secure maximum compensation for your Florida workers comp accident.