What if it has Been More than Two Years Since my Injury? Am I still Eligible for Benefits?

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Workers Comp Deadlines 

The amount of time between the injury and the deadline to file your workers' compensation claim is called the statute of limitations and it varies from state to state.

Here are the basics for the time to file a workers comp claim in DC, Virginia and Maryland:

In D.C. you have one year from the time you became aware (or should have) of the injury at work (or if it is a disease, the time you became aware of the disease being related to your employment).  But there are lots of exceptions to this - it doesn't mean you are out of the workes comp system if you haven't filed the right forms in time.  We have helped many people who came to us years after their injury.  

In Virginia, you have two years from the date of injury to file with the Virginia Workers Compensation Commission, and in Maryland you need to report he injury to the employer and then file your claim with the Maryland Workers Compensation Commission within two years. In Maryland, a workers comp insurance company is not supposed to pay workers comp benefits until a claim is filed, and they will usually send the claim form to you.

Be careful here - filing in the wrong state could cost you hundreds of dollars every week.  A 10 minute call with us could save you the heartache of this mistake (and workers comp insurance companies know the benefit rates are lower in Maryland and Virginia - they will encourage you to file your workers comp claim there instead of in D.C.)

Most of all, remember - there may be exceptions to the general rules here - don't just assume that you can't file a workers comp claim and be careful which jurisdiction you file in - the benefits you may be able to get are very different depending on where your workers comp claim is filed.

Call us at (202) 393-3320 for a 10 minute phone call that could prevent you and your family from making a devastating financial mistake with your workers comp case!

Frank R. Kearney, Attorney-at-Law
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Experienced DC Workers' Comp, Long Term Disability & Accident Lawyer