There IS a Statute of Limitations on Workers’ Compensation Claims

Posted on by

The term “statute of limitations” means that there is a certain amount of time to bring a legal claim. If that time runs out, the claim can be barred from ever being heard, no matter how legitimate the claim may be. All workers’ compensation claims in any state have some sort of time limitation in which to file a lawsuit. The primary reason for the statute of limitations is to provide some stability so that cases are filed in a timely manner. The longer a case takes before going to trial, the more difficulty a party is likely to experience in terms of locating witnesses, documents, or electronic records.

In Nebraska, the statute of limitations is two years.

In Nebraska, the statute of limitations is two years. More specifically, you must file a lawsuit (or Petition) in the Nebraska Workers Compensation Court within two years of the date of the accident or the date of the last benefit paid (disability indemnity payments, or medical bills payments), whichever is later.

Of course, if any benefits have been paid, that will be the later date. However, when trying to calculate this date, you need to look at the date a check is issued concerning the last disability payment or medical payment made. You cannot assume that simply because you went to your workers’ compensation doctor that the bill was paid by the workers’ compensation carrier.

In Iowa, the time limit in which to file a workers’ compensation claim is two-fold as well. If no weekly disability payments have been made to the injured worker, a worker must file within two years of the date of injury.

In Iowa, the time limit in which to file a workers’ compensation claim is two-fold as well. If no weekly disability payments have been made to the injured worker, a worker must file within two years of the date of injury. If weekly disability benefits have been paid to an injured worker, then the time limit in which to file a claim is three years from the date of the last payment. Unlike Nebraska, medical payments do not count as weekly benefits.

In either state, when it comes to the statute of limitations, it’s better to be safe than sorry. If it’s getting even remotely close to the appropriate time limitation from the date of your injury, you would be best served by contacting a lawyer to determine whether a lawsuit needs to be filed immediately to prevent your claim from being barred forever. Once you miss this deadline, your case is over, no matter how legitimate your injury is.

The offices of Rehm, Bennett, Moore & Rehm, which also sponsors the Trucker Lawyers website, are located in Lincoln and Omaha, Nebraska. Five attorneys represent plaintiffs in workers’ compensation, personal injury, employment and Social Security disability claims. The firm’s lawyers have combined experience of more than 95 years of practice representing injured workers and truck drivers in Nebraska, Iowa and other states with Nebraska and Iowa jurisdiction. The lawyers regularly represent hurt truck drivers and often sue Crete Carrier Corporation, K&B Trucking, Werner Enterprises, UPS, and FedEx. Lawyers in the firm hold licenses in Nebraska and Iowa and are active in groups such as the College of Workers’ Compensation Lawyers, Workers' Injury Law & Advocacy Group (WILG), American Association for Justice (AAJ), the Nebraska Association of Trial Attorneys (NATA), and the American Board of Trial Advocates (ABOTA). We have the knowledge, experience and toughness to win rightful compensation for people who have been injured or mistreated.

This entry was posted in Workers' Comp Q & A, Workers' Comp' Basics, Workers' Compensation and tagged .

One thought on “There IS a Statute of Limitations on Workers’ Compensation Claims

  1. Pingback: When Did My Workers’ Compensation 'Accident' Occur? | Workers' Compensation Watch

Leave a Reply

Your email address will not be published.