Workers Compensation Claim Denied Due to Statute of Limitations Restraints
Posted on Mar 22, 2012
March 22, 2012 – According to a report from Risk & Insurance, a ruling in a Worker’s Compensation case finds that benefits were filed past the statute of limitations. The case involved a social worker who suffered a head injury while she was on the job. It led to an 8-day hospitalization and extensive medical treatment. Workers Compensation covered her medical expenses.
During the next 6 months, while she was unable to work, she continued to receive treatment from a neuropsychologist, neurosurgeon, and neurologist. Workers Comp also covered that treatment, along with temporary disability benefits.
However, a year before her head injury, she had been receiving treatment with a psychologist for what she claimed was work-related stress. After the accident, she continued to receive this care and was compensated for it.
After the last payment was made by Workers Compensation, more than 3 years later, she attempted to receive partial disability benefits but the claim was denied because she filed it past the 2-year limitation period. Despite fighting their decision, the New Jersey Superior Court, Appellate Division dismissed it.
Workers Compensation cases can be extremely complicated. With so many rules and laws that may apply, it may be in your best interest to seek legal counsel.
Help from a NJ Work Injury Attorney is Just a Phone Call Away
The law firm of Manfred F. Ricciardelli, Jr. LLC represents good, honest people in work accidents, New Jersey Workers' Compensation cases, Social Security disability claims, and New Jersey car accident claims. Call us at 973-285-1100 today for a free consultation.