Statute of Limitations

You may have been told that you get medical treatment for life in Workers' Compensation. That is somewhat misleading. For many claimants, the law provides for medical treatment until they let the statute of limitations lapse.

Time Limit to File a Formal Petition for Benefits

One (1) Year from the last provision of benefits (money or medical), but it shall not lapse within two (2) years from the date of accident.

In Florida for 2018 dates of accident. See Fla. Stat. ยง 440.19.

Two of the main ways that Workers' Comp. claims end are by a) settlement, or b) the Statute of Limitations. The statute of limitations ("SOL") will not lapse within the first two (2) years after the date of accident. However, starting on the second anniversary, the SOL generally lapses whenever the injured employee has gone one (1) year without benefits.

Qualifying benefits could include authorized prescriptions and authorized medical devices which the E/C knows the claimant is using. To keep a WC case open, it is critical that workers' continue treating and have authorized appointments with the Work-Comp. doctor every ~9 months (certainly less than 1 year).

What to do when denied?

Attorney Daniel McKnight has experience with Statute of Limitations cases and exceptions to this rule. The Employer/Carrier ("E/C") must follow certain technical requirements to properly deny a claim on these grounds. If your case has been denied, this law firm may be able to help.

Updated: June 7, 2018