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How Much Time Do I Have To File A Workers Compensation Claim

You have one (1) year from the date of injury to file a claim with the State Board of Workers’ Compensation.  If, during that year, you received remedial treatment from your employer for your work-related injury, you have one (1) year from the date of the last remedial treatment from your employer to file a claim.  Also, if you continued to work after your injury until you were forced to stop working due to a gradual worsening in your condition, you may be able to file a claim within one (1) year of the date you were forced to stop working.

If you received weekly income benefits as a result of your work-related disability, you have (1) year from the date of the last remedial treatment or two (2) years from the last payment of weekly income benefits to file a claim for additional compensation.

If your claim is based on an occupational disease, you have one (1) year from the date you became aware of your disease or, in the exercise of reasonable diligence, should have know of the relationship between your condition and its employment.  Any claim based upon an occupational disease must be filed within seven years of the last date you were exposed to the work-related hazards that caused your disease; however, if your claim is based upon a diagnosis of asbestosis or mesothelioma resulting from exposure to asbestos, you have one (1) year from the first date of disability following your diagnosis to file a claim.

While we strongly recommend filing a claim as quickly as possible, there are circumstances in which an injured worker can file a claim after the applicable deadline (statute of limitations) in his or her case; therefore, if you have missed the applicable deadline in your case, or if you think you are close to missing the applicable deadline, we strongly recommend that you immediately contact an experienced workers’ compensation attorney.

To view other Workers’ Compensation Questions and Answers, click on the “Q & A” Button.

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Seth Bader
(678) 562-5595