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Workers’ Compensation Statute of Limitations

Every type of insurance claim is bound by a statute of limitations, which is the period of time following an event that a victim has the right to file a claim. Workers’ compensation claims are no different. In Tennessee, the statute of limitations for workers’ compensation claims is one year from the date of the victim’s injury.

If you are familiar with personal injury law, you will notice that this is also the statute of limitations for personal injury claims in Tennessee. The difference between workers’ compensation and personal injury claims is that there are a number of other filing and notification deadlines that a workers’ compensation claimant must follow. These deadlines include:

  • Notifying your supervisor of your accident within 30 days of the accident’s occurrence;
  • Your supervisor submitting your claim to the Workers’ Compensation Division of the Tennessee Department of Labor and Workforce Development within one working day; and
  • In the 14 days following, your supervisor must submit your claim to your company’s workers’ compensation provider along with any additional documents to support your claim.

Workers’ Compensation Claims are a Team Effort

As you can see, your employer is the one tasked with filing your workers’ compensation claim, not you. This means that you need to communicate with your supervisor clearly and effectively regarding your accident and injury. A successful workers’ compensation claim is a team effort that requires input from you, your supervisor, and your attorney.

Once your company’s workers’ compensation provider receives your claim, it determines and notifies you of whether it accepts or rejects the claim within 15 days.

If you are an injury victim seeking compensation for your expenses following a workplace injury, you need to be cognizant of the deadlines listed above. By missing a deadline, you could lose the right to file your claim. If you are unsure about a certain date or deadline, bring it up to your attorney as soon as possible to ensure that you do not miss that deadline and jeopardize your claim.

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