Workers Compensation Statute of Limitations

Answer:

This question often comes up when someone’s injured on the job. People have heard or maybe seen on the Internet that you can have up to a year. People think they have plenty of time. Not necessarily.

If you call and talk to our workers’ comp attorney, Daniel Garza, here’s what he has said to clients in the past and here’s what he would say right now : One year is the maximum amount of time, but there are other rules that require what’s called forthwith reporting, which is an old English way of saying you better do it quick. You better do it as soon as possible. You don’t want to sit around and twiddle your thumbs and say, well, let’s just see what happens and just before a year is up because the insurance carrier can go, oh no, you could have reported this way before now. You are out of luck. Call us early. Daniel would be happy to talk to you over the phone. He’ll give you advice for free and advise you of your particular injury, your particular claim. If you’re not even sure if the claim has been filed, we can help you file the claim. The earlier you ask for our assistance, the better. And if you’re already getting benefits, we’re not going to take anything out of your check that you’re already getting, but we can make sure that you’re getting the right amount. If you’re not, and we increase it, well, then maybe we deserve something for that. If you’re already getting benefits, we don’t touch that; only if we can get you more or long-term. That’s the only time that we get paid. You can call us anytime for free information. Remember, the call is free; the information is free. The only one that’s going to benefit right away is you. You are our most important client.