Workers’ Compensation Defenses: Mississippi Statute Of Limitations (Two Year)

workers compensation formWhen an employee claims they were injured on the job, they often may believe they can file a workers’ compensation claim at any time, thinking employers and insurance companies will be forced to pay no matter the circumstances. However, this is not how the law works. If you are an employer and have an employee who claims to have been injured, a statute of limitations applies to how long a worker has to file a workers compensation claim. Under the Mississippi Workers’ Compensation Act, following a work related injury, a claimant has two years to file a claim for benefits.  If you are having a dispute with an employee about this issue, turn to the workerscompensation defense lawyers at Markow Walker for assistance.


Payment of Benefits

In many cases, an injured worker may not be aware there is a deadline for a claim to be filed. If no benefits have been paid, or if only medical benefits have been paid, the statute of limitations is two years. Once indemnity (disability) benefits have been filed, a one year statute of limitations will begin to run only upon the proper filing of a B-31, Notice of Final Payment.


Misleading Worker Injury Claims

In an attempt to get around the statute of limitations, a worker may attempt to lie about when the alleged injury occurred.  As an employer, you can help document the evidence needed to support a statute of limitations defense.   Ensure that employees know that any and all injuries need to be immediately reported and thoroughly documented.  Also, ensure that clear records are kept regarding the documentation related to the reporting of any injuries. This will confirm the date that the injury occurred and/or the claimant first became aware he or she may have suffered a work related injury.  This information can be invaluable to the insurance carrier, as well as the defense attorney if the claim is later litigated.

In order to establish a successful statute of limitations defense in your next claim, schedule a consultation with one of the workers compensation defense lawyers of Markow Walker in Jackson, Oxford, and Ocean Springs, Mississippi.