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Statute of limitations for workers' compensation claims

Workers who are injured on the job in South Carolina generally have two years from the date of the accident to file a workers' compensation claim. If they wait too long to file a claim, the statute of limitations may pass, and they might be unable to obtain compensation for their injury through their employer's insurance provider.

A McDonald's maintenance worker's claim for a work-related injury was dismissed by a New Jersey court because the judge said that the man filed his claim five years after his initial diagnosis. However, the man appealed the case by arguing that a torn rotator cuff he was diagnosed with in 2006 was a separate injury from the bilateral bicipital tendonitis of the shoulders that he was diagnosed with in 2001. McDonald's has argued that the man had a chronic progressive condition that he first became aware of in 2001.

In the case, the appellate court disagreed with the lower court's finding that the man's two diagnoses were part of the same injury. The decision to dismiss the case was reversed, and the case was sent back to the workers' compensation tribunal. A new decision in the case is pending expert medical testimony.

After a worker is injured in a workplace accident, it is important to both immediately notify the employer and to file a workers' compensation claim in a timely manner. A worker may also want to file a claim as soon as they become aware of a medical condition that may be work-related. An attorney may be able to assist a work accident victim with the process of gathering the documents necessary to support the claim.

Philpot Law Firm, PA
115 Broadus Ave.
Greenville, SC 29601

Toll Free: 866-853-3497
Toll Free: 866-853-3497
Phone: 864-990-0226
Phone: 864-990-0226
Fax: 864-242-1566
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