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Workers Compensation And Statute Of Limitations: Understanding How Long You Have To Sue For Compensation

3 June 2015 by Daryl Young

One of the biggest problems with work-related injuries and diseases is that they do not always appear within weeks or months of an event. For instance, years of kneeling on a hard cement floor in retail may initially produce some pain, but because it comes and goes, you may not give it a second thought. Five years later, you may discover that kneeling frequently on cement has damaged your knees so much that they need to be replaced. However, this could mean some serious legal complications, because workers compensation limits the time you have to sue. If you want compensation, a workers compensation lawyer can find out if you still have a right to sue.

Limited by Time or Employment Status

The statute of limitations on suing for work injuries weighs heavily on trying to prove that they occurred while in the employed by the business you are suing. This may be difficult, because your injuries have to be well-documented from the very first time you noticed pain. Additionally, your employment status with a particular business will also dictate whether or not you can still sue them. If you quit and it has been three, four, five or ten years, your lawyer can neither prove or disprove that your injuries were caused by the work your former employer asked you to do.

Suing for Compensation When You Have Contracted a Disease

Examples of illnesses and diseases for which you can seek monetary compensation are mesothelioma, lung cancer and malignant pulmonary tumors. These serious health problems are directly related to exposure of asbestos and other dangerous materials at work. In this case, it does not matter how long ago you were exposed or when you were diagnosed. What matters is that your lawyer can link a specific employer or line of work to the toxic material, the job to you, and your current health issues back to this employer. There is no statute of limitations on cases like these.

Discussing Your Legal Options When You Still Work for the Same Employer

This is, undoubtedly, a difficult situation, since you do not want to lose your job, but your job is hurting you or making you gravely ill. In addition to this conundrum, your employer could fire you with the hopes that you will find a job elsewhere, giving his or her side of the case some reasonable doubt with which to work. Sitting down with your workers compensation attorney will help you feel more at ease with your decision to leave your job, since quitting can only strengthen your argument that it was hurting you. However, you cannot seek new employment until your case is resolved. Check out websites like http://www.lshlaw.com for more information.

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