What do statutes of limitation entail? How do they affect your ability to pursue legal action after being injured at work? Here’s what you need to know.
What is the Statute of Limitation?
Statutes of limitation are laws establishing the maximum time individuals have to initiate legal proceedings after an alleged offense or injury. These laws vary depending on the type of claim and jurisdiction.
Statutes of Limitation for Workers’ Compensation Claims
In Florida, the statutes of limitation (SOL) for filing a workers’ compensation claim are governed by specific regulations. These regulations are outlined in the state’s workers’ compensation laws.
With the passage of HB 837 last year, Florida reduced the SOL on personal injury claims from 2 years to 4 years. Four-year claims are rare and usually only occur if the accident pre-dated the most recent law change in 2023. Even that can be challenged.
Failing to meet this deadline could result in forfeiture of your right to receive workers’ compensation benefits. This includes payment for medical treatment, wage replacement, and disability benefits. It’s imperative to notify your employer of the injury promptly and initiate the claims process within the statutory timeframe.
Statutes of Limitation for Personal Injury Lawsuits
In cases where a third party’s negligence contributed to your workplace injury you may have grounds to file a personal injury lawsuit seeking additional compensation. This includes parties such as a defective product manufacturer or a reckless driver in a work-related accident.
It’s essential to consult with a knowledgeable personal injury attorney. They’ll help you determine the applicable statute of limitation for your specific situation. Failing to file a lawsuit within the designated timeframe could result in your claim being barred by the statute of limitations. This could lead to you losing your ability to seek compensation through the civil court system.
Exceptions and Considerations
Statutes of limitation provide a general framework for initiating legal action. However, certain exceptions and considerations may apply in specific cases. For instance, if the injured party is a minor or incapacitated at the time of the injury, the court may suspend the statute of limitation until they reach legal adulthood or regain capacity.
Additionally, certain circumstances may warrant an extension of the statute of limitation. This includes things like fraudulent injury concealment or a defendant leaving the state. However, such exceptions are subject to judicial review and interpretation.
Statutes of limitation play a pivotal role in determining the timeframe within which you must file a lawsuit after a workplace injury in Florida. Working with an experienced attorney ensures you meet all relevant deadlines on time. For more information or to schedule a consultation, contact the Geller Injury Law Firm at (813) 337-7798.
