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John
John, Attorney
Category: Legal
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Experience:  Licensed and practicing attorney.
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is there a tatute of limitations on work comp case? Had been

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is there a tatute of limitations on work comp case? Had been filed, but set at dismissed without prejudice
Hi, My name is XXXXX XXXXX I’m happy to assist you with your question today.

The statute of limitations for workers compensation matters is two years from the date of injury. Unless the judge in the case ruled that the statute was tolled (frozen) while you re-file the matter, then the time for you to file is still two days from the date of injury and you are losing time to file.

I believe this answers your question. However, if you need clarification or have follow-up questions regarding this matter, I will be happy to continue our conversation – simply reply to this answer. If you are otherwise satisfied with my response, please leave a positive rating as it is the only way I am able to get credit for my answers. Thank you, XXXXX XXXXX wish you all the best with this matter.

Customer: replied 3 years ago.


How long is the period to refile from when it is frozen?


It was a messy situation, as this case overlapped an uninsured motorist lawsuit following a car accident. The attorney rrecommended pursuing the accident suit first. All preliminary work, doctor's reports, depositions, etc., filing, etc.had been completed on the work comp case.

You'd have the remainder of the two years from the time you were given the tolling order. So if you were injured on October 1, 2012, filed for comp on October 1, 2013, were given a tolling of three months to re-file, you'd have one year from January 1, 2014 to file. As you can see this is totally dependent on the judge having given you a tolling of the limitations period.

Hope this helps. Let me know if I can be of further assistance.
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