Time limitations impact your rights after a workplace accident.
A statute of limitations refers to the deadlines imposed upon private parties or government, restricting the amount of time they have to take action in a legal proceeding. These laws apply to almost every type of case you can imagine, from car accidents and personal injury claims to criminal matters. There is even a statute of limitations in cases based upon work-related injuries and illnesses. According to Oklahoma Workers’ Compensation Court rules, any employee who wants to file a lawsuit in court has two years to do so. Failure to comply with the law means you forfeit your legal remedies.
However, this is not the only time restriction of note. There are other deadlines to keep in mind, and your Tulsa, OK workers’ compensation lawyer can explain how they impact your rights. An overview offers additional details on the statute of limitations on a workers’ comp claim in Oklahoma.
Time Restrictions for OK Workers’ Comp Benefits
Aside from knowing that the basic statute of limitations is two years, you should also understand when the clock starts to run. There are three relevant time periods:
- The date of the work-related injury or fatality;
- The date when you were last paid benefits or wages, if you were already approved; and,
- The date you last received authorized treatment for your injuries.
In addition, the statute of limitations for repetitive motion injuries starts on the date the worker was last employed. When the employee develops asbestosis or other ailments designated in the statute, the two-year time period starts upon diagnosis.
Note that you are also under a time limitation related to alerting your employer about a work-related medical condition. You are required to provide a Notice to Employer form within 30 days, though you should let the company know right away. Waiting will only delay your benefits.
Other Requirements for Workers’ Comp Benefits
The statute of limitations for Oklahoma workers’ compensation claims is important, but there are additional criteria you must meet to qualify. Not all companies are required to carry insurance to cover workplace injuries, so you must work for an employer with more than five employees. Plus, your medical condition must be incurred while you were performing job-related tasks within the scope of your employment. If you meet these eligibility rules, you may recover such benefits as:
- All medical care that is reasonable and necessary to treat your injury or illness;
- Amounts for partial or total disability, on a permanent or temporary basis; and,
- Death benefits, for qualifying survivors when a family member dies because of a work-related medical condition.
Our Tulsa, OK Workers’ Comp Attorneys Will Handle Deadlines
To learn how the statute of limitations and other time restrictions affect your rights in a workers’ compensation claim, please call Boettcher, Devinney, Ingle & Wicker. You can schedule a no-cost case review by calling 580-789-4936 or filling out an online form. After assessing your situation, an Oklahoma workers’ comp lawyer can advise you on next steps and assist with the claims process.