How Much Time Do I Have to File a Work Injury Claim?

Date of work accident

If you’ve been injured at work and are deliberating whether to file a workers compensation claim, you may wonder how much time you have to make your claim. This is a tricky question.  The law set forth by the Indiana General Assembly gives workers 2 years from the date of the accident to file a form entitled “Application for Adjustment of Claim” with the Indiana Workers Compensation Board.

Statute of Limitations on work injury claim

Filing a claim meant that you have a file-stamped copy of the claim form.  For repetitive trauma injuries, the statute of limitation is even trickier.  It is 2 years from the date that an injury becomes discernable.  To learn about a statute of limitation for a repetitive trauma injury such as carpal tunnel, you are best off consulting with an attorney or with the Indiana Workers Compensation Board.

Case law for timing on workers compensation claims

Case law which interprets the General Assembly’s statute about timing for filing, rendered by the Indiana Court of Appeals or Indiana Supreme Court, allows injured workers 2 years to file an Application for Adjustment of Claim form from the date which compensation was last paid.  In simple terms, this means that workers likely have 2 years from the date of last payment of weekly temporary total disability pay to file an adjustment claim form.

To be safe, our firm files Applications for Adjustment of Claims, generally, within 2 years of the date of accident.

Consult with an experienced work injury attorney if you are confused

There are so many aspects of our Indiana workers’ compensation laws that are tricky.  If you have an injury at work and want to know how much time you have to file a claim, you are best off consulting with an attorney or the State Board.

Injured people should focus on their recovery first

If you’ve been injured in a workplace accident and want an attorney to help you file a lawsuit against a third party, consult with an experienced attorney at Klezmer Maudlin. We are experienced, honest and successful when we take on cases for those who have suffered injuries from workplace accidents throughout the state of Indiana.  With offices in Evansville, Indianapolis, Lafayette, New Harmony, and Jeffersonville (Louisville, KY), we are well-equipped to handle your case.