What is the Statute of Limitations in a workers compensation case?
A statute of limitation is a time limit that ends a person’s right to a file a claim for benefits for compensation unless an injured worker meets certain criteria by filing a claim before a certain date or their claim may be forever barred. For accidents that occur before 12/31/1993, a claim or petition for benefits must be filed within two years of: (1) the date of injury, or (2) the last payment of compensation, or (3) the last day authorized medical treatment or rehabilitative care was provided by the insurance company or the employer. For accidents after 01/01/1994, a claim or petition must be filed within: (1) two years of the date of injury, or (2) after the initial 2 years, within: (a) 1 year of the last payment of compensation or (b) the last day of provisions or remedial medical care or attendance.
