Just like a civil claim for personal injuries, workers’ compensation claims are subject to statutes of limitations. In other words, there are certain time limits that apply to when you must file your claim for benefits. If you fail to file by the expiration of the statute of limitations, you are precluded from pursuing compensation. As seasoned Massachusetts workers’ compensation lawyers, we have assisted many injured workers with asserting their claims before the statute of limitations expires.
A recent decision from a Massachusetts court discusses the application of a statute of limitations in a claim for work injury benefits. The worker was employed as a nurse when she injured her neck in 2007. After receiving treatment at the emergency room, she continued to work until the pain became worse later that year. She received a discectomy and fusion procedure and did not work for four months. The worker did not apply for workers’ compensation benefits for this injury but indicated that she received short-term disability payments. She also stated that she did not report the work-related injury to her employer.
The woman sought medical treatment again in 2009 but continued to work. One evening after a long shift, she became unable to turn her head. She received treatment for this injury and did not work for three months. She received short-term disability benefits but did not apply for workers’ compensation benefits. She came back to work in 2014 but left eventually, due to her neck pain. She underwent another discectomy and fusion procedure in 2015 and did not return to work.