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Workers’ Compensation Statute of Limitations

Like other types of injury-related claims, Florida law sets out a statute of limitations for workers’ compensation claims filed by workers injured in the course of their job duties. This statute of limitations is a deadline, beyond which an injured employee can no longer file a claim for benefits arising out of a particular injury. An injured employee should always be certain to make note of this deadline and file a claim before the statute of limitations expires to ensure they can receive the benefits they deserve under the law.

The statute of limitations helps for an employer to know how long they must wait for a potential claim arising from a specific injury. No employer wants to wait indefinitely to see if an employee is going to file a workers’ compensation claim, however, an employer should also not be deceptive in trying to let the statute of limitations expire without the employee’s knowledge. Instead, an employer should provide the necessary information and documents the employee needs to understand the rights and requirements of a workers’ compensation claim.

What Is The Time Limit?

Simply put, the time limit for an employee to file a claim for workers’ compensation benefits is two years from the time the accident occurred. However, this is only the time limit for the initial claim and the statute of limitations can become more complex after a claim is filed. In many cases, employees may need to file future claims for additional benefits arising out of the same injury when the injury does not heal quickly. For this reason, if an injured employee receives medical benefits or wage replacement, the statute of limitations can be affected.

If an employee receives benefits in the first year after the workplace accident and injury, the statute of limitations does not change. However, if an employee continues to receive benefits in the second year, the statute of limitations can be extended. Specifically, the statute of limitations then moves to one year after the last benefits were received.

It is no surprise that many injured workers may be confused by the complex and often changing statute of limitations for filing a petition of benefits for workers’ compensation. To ensure that an individual does not lose out on important benefits, it is important to discuss the statute of limitations and any other relevant legal issues regarding the workers’ compensation system in Florida with an experienced workers’ compensation attorney. An attorney can help to make sure no deadlines are missed or benefits are foregone because of a missed deadline, inadequate filings, or any other reason.

What If I Had A Pre-existing Injury?

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