Common Defenses To Mississippi Workers’ Compensation Cases: Statute Of Limitations
If all workers’ compensation cases were cut and dry, life would be much easier. It would certainly be ideal if after a worker who was legitimately injured filed a claim for workers’ compensation benefits, the worker was simply granted benefits, got better, and then returned to work. However, the Mississippi workers’ compensation system is much more complex than just that, and requires strict adherence to the procedural requirements as well as proof of a legitimate and covered workplace injury and other requirements. At the outset, it is, therefore, helpful to know one of the most common defenses that employers use to defend against workers’ compensation claims, the statute of limitations.
The Statute of Limitations and Claims Barred After Expiration
One of the most common defenses to a workers’ compensation claim, and to legal claims in general, is expiration of the statute of limitations. Nearly every legal claim has an expiration date that is prescribed under the law or statutes that govern the claim. This is called the “statute of limitations”. Under Mississippi workers’ compensation laws, employees have an obligation to not only report their injury to their employer within 30 days after the occurrence of the injury, but also must file a claim for workers’ compensation benefits within the time periods prescribed by the law. For most cases, under the Mississippi Code, “regardless of whether notice was received, if no payment of compensation (other than medical treatment or burial expense) is made and no application for benefits was filed with the commission within two (2) years from the date of injury or death, the right to compensation therefor shall be barred.”
The expiration of the statute of limitations is extremely important in a workers’ compensation case, and time limitations should be strictly adhered to, or a claim may be barred. Every case has its own unique facts and requirements may differ, so it is important for injured workers to speak to an experienced workers’ compensation lawyer about any deadlines in their workers’ compensation case.
The Date of the Injury and Statute of Limitations Defense
The date that a workplace injury occurred is a very important event in a Mississippi workers’ compensation case. The date of the injury may be used by an employer to defend against a workers’ compensation case, particularly where the statute of limitations is close to expiring. Since the date of the injury is the triggering event for the statute of limitations, recovery under workers’ compensation laws could be completely barred if an employer can prove that the injury occurred outside the statute of limitations period. It is, therefore, very important for injured workers to document the date of their injury, follow all workers’ compensation law requirements, and seek out the help of a legal professional at the outset of their case.
Navigating Date of Injury and Statute of Limitations Issues
Date of injury and statute of limitations issues can be very complicated in Mississippi workers’ compensation cases. An employer may mount a vigorous defense against a workers’ compensation claim, based on the statute of limitations or other common defenses. It is, therefore, best for injured Mississippi workers to speak to an experienced Mississippi workers’ compensation lawyer about their claim, as early as possible. If you have been injured on the job, contact the experienced Mississippi workers’ compensation lawyers at Lunsford, Baskin & Priebe for a free and confidential consultation to see if they can help.