Tuesday, 23 June 2015

Workers Compensation: The Statute of Limitations

You can’t just file a case for damages from an accident. You need to file within a specific time frame. This time frame is called the “statute of limitations”, and it applies to both criminal and civil actions. Its purpose is to prevent stale and fraudulent claims from being filed after certain facts have become obscured or evidence have been lost through the passage of time.

Statute of Limitation for Workers Compensation in Massachusetts

In Massachusetts, the statute of limitations for filing for workers compensation is four years. Chapter 152 under the General Laws of Massachusetts states “for injuries on or after January 1, 1986, a claim must be filed with the insurer within four (4) years of the date an employee becomes aware of the causal connection between their disability and their employment.” This means that the Statue of Limitation may be extended if an employee is reasonably unaware that his job directly relates to his injury.

What if the Statute of Limitations on Your Case Lapses?

The statute of limitations has a very strict deadline. If you don’t file your personal injury claim before the deadline set by the statute of limitations, your case will almost certainly be dismissed. Granted, there are ways where the statute of limitations can be extended, even waived, but you’ll need to consult a disability lawyer to find out how these could apply to your case.

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