On-the-job Injuries and Filing a Timely Workers’ Comp Claim

On-the-job Injuries and Filing a Timely Workers’ Comp Claim

Phoenix Workers Comp Lawyer - work injury Claim FormA statute of limitations in a workers’ compensation case means that the plaintiff must comply with specific deadlines when submitting a lawsuit. Failure to meet these time frames means the case will be dismissed. In order to ensure that you meet these deadlines, talk with our Phoenix workers’ comp lawyer about your case since different factors affect how the statute of limitations is applied.

Our Phoenix Workers’ Comp Lawyer Reviews How Location Affects Your Case

Every state has difference laws that govern the statute of limitations. For example, Tennessee and Kentucky only give a person 12 months to file a lawsuit while North Dakota and Maine give a plaintiff as long as six years to file a claim. Wisconsin even allows a person up to 12 years before the statute of limitations expires. Our Phoenix workers’ comp lawyer will advise you about compliance with these time frames.

Our Phoenix Workers’ Comp Attorney Discusses How the Type of Claim Impacts You

Workers’ compensation claims usually have a different statute of limitations than a personal injury claim. Each state has a specific state agency that addresses and regulates details about time frames and the filing of workers’ comp claims. To complicate matters further, different injuries and illnesses might have different time frames. A personal injury claim will usually have a longer statute of limitations, so a worker might opt to file this type of lawsuit instead of a workers’ comp claim. Our Phoenix workers’ comp lawyer can provide additional information on which type of claim you should file.

Our Phoenix Workers’ Comp Lawyer Discusses the Importance of Promptly Notifying Your Employer

After the impairment, an employee is limited in how much time they have to report the incident to their employer, which can be 30 days or even less. The laws in your state could mean you must comply with this time frame or risk giving up your right to file a lawsuit. Our Phoenix workers’ comp lawyer can help you file in a timely manner.

Our Phoenix Workers’ Comp Lawyer Explains How Discovering an Injury Impacts Time Frames

You do not need to report an accident or injury until you know about it. The law calls this reasonableness, and the time frames will depend on each situation. For example, if a person is hurt in a construction accident, they will likely receive treatment at the emergency room, and the statute of limitations will start that day. But if they become ill because of exposure to toxic gases, they cannot report the exposure the first day it happened. They have time to wait until the sickness is discovered. Even so, these rules can be subjective, so you should talk to our Phoenix workers’ comp attorney to find out how the reporting requirement could affect your case.

A delay in filing your workers’ compensation claim could mean a denial of benefits. Our Phoenix workers’ comp lawyer focuses on compliance with all legal requirements. Call the Schiffman Law Office, P.C., today at (602) 235-0539 so that we can begin working on your case.

2014-10-21T00:17:57-07:00 October 21st, 2014|Workers' Compensation, Workman's Comp|