If you have suffered from a work-related accident or injury, as Miami workers’ compensation attorneys, it is our goal to help you to understand what rights you have and how quickly those rights need to be asserted in order to receive the appropriate benefits.
Statute of Limitations is a legal term that mandates a time period of how long you, as an injured party, have to bring a claim forward. Statutes of Limitations vary depending on the claim you plan to file. For claims of negligence, there is a four-year window, meaning that a potential plaintiff has four years from the date of an accident to file a claim. For medical malpractice, that window is shortened to two years.
With respect to workers’ compensation in Florida, a claim—known as a petition for benefits in workers’ compensation—must be filed within two years from the date of the injury or within one year of the last payment of compensation or within one year of the last provision of authorized medical treatment or care.
However, that two-year window does not begin to run until the injured worker, under a reasonable person standard, knows or should have known that an injury existed. While the Statute of Limitations in workers’ compensation is strictly enforced, there are certain factors that can lead to an exception: if the injured worker is a minor or mentally incompetent; or if the employer or insurance carrier misled the injured worker about their coverage.
If you are injured in a work-related accident do not hesitate to seek medical treatment as waiting too long may bar you from making a claim in the future. If there are any questions regarding what benefits may be available to you, be sure to reach out to Florida workers’ compensation attorneys who will be able to help guide you through the process.