In each kind of legal claim, claimants must meet a filing deadline. This deadline is called the statute of limitations, which protects parties from defending themselves against claims when evidence may not be available anymore. If you are a claimant, you must understand how such a deadline applies to your claim. Not filing within this timeframe leads to a total loss of your rights. Also, workers’ comp claims are subject to a legal filing deadline under state law. However, understanding its applicability to your case can be hard. If you have concerns or questions regarding the state’s statute of limitations for worker’s comp cases, a Tacoma workers’ compensation attorney can give you guidance.
Washington State Statute of Limitations for Filing a Workers’ Compensation Claim
In Washington State, the legal deadline to file an industrial injury claim is one year, and two years for filing an occupational disease claim. failure to file your claim within such periods means losing your rights to benefits, no matter how strong your claim. This means that you can only recover compensation for your medical expenses and lost income if you file on time.
Can Your Employer Fire You While on Workers’ Compensation?
Under state law, employers cannot fire a worker filing for workers’ comp. But your employer can have a reason to let you go for cause or let you handle a different position and realize they don’t need it filled. If you think you have been fired in retaliation for bringing a claim, consider filing a grievance claim with the Labor Department. The Department of Labor and Industries will investigate your concern to know if it is appropriate to penalize your employer.
What Happens If You Must File a Personal Injury Claim?
The steps to take when bringing a personal injury claim are slightly different from a workers’ comp claim. also, the statute of limitations for personal injury claims is three years. With such claims, you need to evaluate your injuries, seek medical attention, determine the party responsible for your injury, collect evidence if fault is disputed, visit your doctor as ordered, determine the damages to recover, submit a demand letter, and negotiate a settlement or take your case to court. These claims can be initiated if a third party is responsible for your injuries and losses.
If you are facing issues at any point in your claim journey, contact a workers’ comp attorney. They can help you craft your story with the right timing and all.
