What if I Miss the Workers’ Compensation Deadline?

If you wish to resolve a disputed workers’ compensation claim with your employer and their insurance carrier, you must file a Petition for Benefits with the Office of the Judges of Compensation Claims (OJCC). For this to have a chance of working, though, you must ensure you meet the state of Florida’s strict statute of limitations. That is, you must submit this legal paperwork within two years of your workplace accident or injury, or one year of your last payment of benefits. Without further ado, please continue reading to learn what happens if you miss the deadline to file your workers’ compensation claim and how an experienced lawyer in workers’ compensation benefits in Florida, at The Law Firm of Kevin A. Moore, can help you avoid these consequences at all costs.

What if I miss the deadline to file a workers’ compensation claim?

Simply put, missing the deadline to file a workers’ compensation claim may result in an automatic denial of benefits. Further, you may be permanently barred from pursuing compensation for medical bills and lost wages for this same work-related injury. Sadly, this stands regardless of whether the paperwork is only a day late or your injury is considerably catastrophic.

In another scenario, say you barely meet the statute of limitations. While your petition will be acknowledged, the chances of its success may significantly diminish. This is because, generally speaking, evidence and memories of your workplace accident or injury diminish with time. So, it is possible that you may not have the proof necessary to back up your claim and get it approved by a claims judge. 

What are exceptions to the workers’ compensation deadline in Florida?

You may be kicking yourself, so to speak, if you believe that you just missed the workers’ compensation statute of limitations. However, this two-year or one-year deadline may not be as definite as you assume. In other words, the date on which the countdown clock starts ticking may not be so obvious. It is up to your lawyer, after hearing and evaluating your case, to determine whether you still have a chance at a successful claim submission.

For example, your accident may have caused your temporary mental incapacity (i.e., you entered a coma), where you were unable to act on your own. Or, you may have been a minor dependent at the time of your accident (i.e., younger than the legal age of 18). Lastly, your injury may have been in the form of cumulative trauma (i.e., carpal tunnel), and you did not realize it was work-related until much later than your symptoms started.

But you do not want to assume you are the exception to the rule. To avoid the possibility of being permanently barred from benefits, please reach out to a skilled lawyer in workers’ compensation benefits in Florida today. We at The Law Firm of Kevin A. Moore are eager to represent you.