If you have not received any income benefits (indemnity benefits) as a result of your current injury, you must file a claim for Louisiana Workers' Compensation indemnity benefits with the Office of Workers’ Compensation Court within one year of the date of your accident. If you have a “developmental injury" where your medical condition was not immediately apparent, the time limit for filing a claim may be extended up to a total of two years, as long as that is still not more than one year from the date that you knew that your disabling medical condition was related to your job. “Developmental injuries” are comparatively uncommon, so in the vast majority of claims, the one-year limit applies.
If you have been paid Louisiana Workers' Compensation indemnity benefits due to your current injury, your right to file a claim for Temporary Total Disability, Permanent Partial Disability or Permanent Total Disability benefits will expire if your claim is not filed with the Louisiana Office of Workers' Compensation within one year of the date through which you were last paid indemnity benefits.
Additionally, if you have received any type of Louisiana Workers’ Compensation income benefit as a result of your current injury, a claim for Supplemental Earnings Benefits must usually be filed within three years of the date through which you were last paid indemnity benefits.
The time limit for filing a claim for Workers' Compensation benefits is not extended because you received another type of disability benefits, such as Social Security Disability or benefits from a private short term disability policy.
A claim for medical benefits must be filed within one year of the date of the accident or three years from the date that Workers’ Compensation medical benefits were last paid, whichever is later.
A claim for Workers' Compensation benefits that is not based upon a specific accident but is instead based upon a work-related illness or disease must be filed with the Louisiana Office of Workers' Compensation within one year of the date that:
- The disease manifested itself.
- The employee is disabled from working as a result of the disease.
- The employee knows or has reasonable grounds to believe that the disease is occupationally related.
You should consult with an attorney even if you think your time limit for filing a claim has expired. The calculation of legal time limits can be subject to many surprising exceptions. Additionally, in a Workers' Compensation claim, you may need to request information from the insurance company before you can determine when your time limitations began or expired.
David Buie is a Louisiana Workers Compensation Lawyer who represent individuals throughout all of Louisiana. For more information, visit www.DavidBuie.com
