Workers’ compensation claims are generally filed within three years of their occurrence. Exceptions and problems to time constraints are common in the legal field. This article doesn’t constitute legal advice, and if you’d like more information about filing a personal injury claim, you can contact Siman Law Firm in Los Angeles for professional assistance. We’d be happy to assist you.
What is the Limitation Period for Workers’ Compensation Claims?
In personal injury claims, the Limitation Act sets the time limits. Generally, the law stipulates that actions involving personal injury must be filed within three years of the injury. The timeframes are as follows:
- The date of the occurrence of the cause of action (e.g., the date of the accident);
- When the wound was discovered later.
When the exact date of the accident is uncertain, such as in the case of persons who have developed an occupational disease like asbestosis or mesothelioma, the terminology “date of knowledge” is used instead of “date of the accident.” These ailments manifest over time rather than on a specific date. So, the three-year term begins when the harmed individual realizes what has happened to him or her. The same might be argued in cases of medical malpractice. It can be challenging to navigate this area of law.
Does Your Case have a Statute of Limitations? Is there a way to Avoid This?
If you resolve your case within three years, the time limit is irrelevant. If your case does not settle within the three-year timeframe, you will have to formally begin the court proceedings by the timeframe. As a consequence, if you were wounded on October 20, 2021, you would be able to file a lawsuit until September 19, 2024. Your case can be continued if you file your lawsuit before the third anniversary of your incident.
Can the Deadline be Extended?
There is a different time limit for children and those with limited mental capacity. Injured youngsters can now file a personal injury claim three years after their 18th birthday, rather than three years from the date of the accident. In other words, if you were injured as a child, you have until your 21st birthday to file a personal injury lawsuit.
The laws surrounding claimants who are susceptible to the Mental Capacity Act are complex and require professional guidance. If you have any queries about how the time constraints affect those who lack mental competence, please contact us. We will gladly respond to your questions.
The application of the Limitation Act is likewise very nuanced. Specific time limits apply to distinct geographical locations – for instance, incidents that happen far outside the United States have different time limits (often much shorter).
Injuries on airplanes are subject to various rules, and you have two years to bring a claim. If a person dies while filing a claim or as a consequence of an accident, the regulations may change.
If You Have a Claim and a Limited Time to File, Don’t Delay
That’s never a smart idea to put off a case till the last possible moment. This does not only make it harder to win lawsuits, but the paperwork is also more difficult to come by. Persons who have been injured at work often delay submitting a claim for fear of offending their boss and/or losing their job, further complicating an already tough situation.
Those concerns are understandable, and Siman Law Firm in Los Angeles can guide you on your best options. Our clients rarely regret filing claims. Most respectable employers have insurance, and they will want to reimburse injured workers for their injuries.