What Are the Statute of Limitations When Injured at Work?
Workplace Accident and Subsequent Injury
When someone is injured and they would like to file a lawsuit because their injuries were caused by a negligent party, they must do so before the statute of limitations runs out. The statute of limitations gives victims a certain amount of time to file a lawsuit for their injuries. If the lawsuit does not get filed within that time period, the victim can no longer recover compensation for damages.
The statute of limitations depends on different factors. Not all states have the same requirements.
The Claim Made by the Victim
Aside from the location where the injuries occurred, the claim made by the victim may also have a direct effect on the statute of limitations. Depending on where and how the accident occurred, some victims may file personal injury lawsuits while others will file a claim to receive workers’ compensation benefits from their employers. The statute of limitations for the workers’ compensation will vary from one state to the next. While some states expect victims to file for compensation within a year, others give victims up to 12 years to receive compensation. It all depends on where the accident occurred. A victim should find out about the statute of limitations in his or her area as quickly as possible.
In some cases, an injured individual has more time to file a claim because the injury was not apparent and happened over time. For example, exposure to harsh chemicals in a work environment could have caused serious internal injuries for a worker. In that case, it is still possible to file a lawsuit, but the statute of limitations will usually begin when the victim is made aware of those internal injuries after receiving a diagnosis.
Notifying an Employer
When an employee has plans to seek workers’ compensation because they were injured on the job, they will usually have up to 30 days to let their employer know what is going on. The employer should be aware of the injuries that were sustained. Victims must make sure to provide proper notice in advance.
Discussing the Situation with an Attorney
Because every situation is different, an injured person should speak to an attorney right away. The attorney could advise the victim on what steps to take in the aftermath of the accident. It may be necessary for the individual to request workers’ compensation benefits, but there are also times when an injured worker can file a lawsuit against a third-party, such as the manufacturer of tools and equipment provided to workers to complete assorted tasks. The only way for a victim to know which steps to take would be to meet with an attorney to go over the details of the accident.
Contact a Workers’ Compensation Lawyer in Red Bank, Hazlet or Brick to Discuss Your New Jersey Workplace Injury Case
A workplace injury can be devastating, particularly if it prevents you from returning to work for an extended period of time. Although New Jersey workers’ compensation laws are supposed to provide you with reimbursement for medical expenses and replacement pay for missed time at work, it is not always easy to get the workers’ comp benefits you deserve. That is why you should speak with a knowledgeable workers’ compensation lawyer about your situation and get guidance throughout the claims process. The experienced workers’ compensation attorneys at Drazin and Warshaw, P.C. represent clients in Monmouth County, Red Bank, Howell Township, Shrewsbury, Long Branch and throughout New Jersey. Call Drazin and Warshaw, P.C. at 732-747-3730 or fill out our online contact form today to schedule a consultation about your work injury case. Our main office is located at 25 Reckless Place in Red Bank, NJ 07701 and we also have offices in Hazlet and Brick.
The articles on this blog are for informative purposes only and are no substitute for legal advice or an attorney-client relationship. If you are seeking legal advice, please contact our law firm directly.