The statute of limitations refers to the time period an individual or institution has for bringing legal action. In the case of a personal injury or workers’ compensation claim, claims can no longer be filed after the statute of limitations expires, and begins the day of the accident in question.
The statute of limitations differs from state to state, and depends on the type of claim being filed, and who is filing it. In general there are two different types of injuries that can occur in a workplace, and there is different rules for the statute of limitations regarding both types of injury.
Occupational Disease Statute of Limitations Monmouth County Workers’ Compensation Attorney
Occupational diseases are something that can happen over the course of time in certain working conditions. One example would be a factory worker who is regularly exposed to inhaling fumes or dirt. While such exposure may not cause immediate injury, over the course of time that worker may develop a lung disease related to regular exposure to these conditions.
The statute of limitations for filing for workers’ compensation in the case of an occupational disease is two years from the time that the injured party knew or should have known that their injuries were work-related. Courts can reasonably expect for treating physicians and/or attorneys to advise the injured worker of the potential for a workers’ compensation claim.
Workplace Injuries Statute of Limitations Red Bank Workers’ Compensation Lawyers
Different from occupational diseases, when a workplace injury such as a fall or accident occurs, the statute of limitations for filing for workers’ compensation begins the date the accident occurred. Injured parties have two years to file for workers’ compensation before the statute of limitations expires.
Important Things to Consider Regarding the Statute of Limitations and Workers’ Compensation
While the statute of limitations in New Jersey gives injured parties a two-year window to file a workers’ compensation claim, the longer an injured party waits the weaker their claim may become.
The more time that transpires between the accident and the filing of a workers’ compensation claim, the more difficult it can become to prove that whatever injuries you suffered were in fact caused by the accident in question, and not an incident that occurred in the intervening time.
Additionally, it is important to have complete medical records and physician opinions regarding your accident and the short-term and long-term impacts of the injuries sustained on your life. The longer you wait to file a workers’ compensation claim, the more difficult it can be for doctors to thoroughly evaluate the extent of the injury in question, and help you recover the compensation you need and deserve.
Contact a Monmouth County Workers’ Compensation Attorney Today
At The Law Office of Chamlin, Rosen, Uliano & Witherington, our attorneys have extensive experience helping clients across Red Bank, Long Branch, Freehold, and the greater Monmouth County area to successfully resolve all types of workers’ compensation claims.
Whether you have suffered from a workplace injury, or an occupational disease, it is critical that you do not let the statute of limitations expire on your case, and the quicker you take action, the sooner you can receive the necessary compensation, and the stronger your case will be.
To speak with one of our experienced workers’ compensation attorneys today in a free and confidential consultation regarding your unique needs and concerns, please contact us online or through our West Long Branch office today at 732-440-3950