Are there any exceptions to the statute of limitations on workers' compensation claims?
Yes, there are exceptions to the statute of limitations on workers’ compensation claims in Florida. The statute of limitations is the legal time limit for filing a claim after an injury or death related to the worker’s employment. In Florida, workers have two years from the date of the incident to file their claim. However, if the employee is covered by an insurance policy that requires pre-authorization, such as with certain medical treatments or procedures, the two-year period is tolled, or put on hold, while the employee goes through the authorization process. The two year period begins from the date of the employee’s last medical treatment related to the incident or the date of the last payment made by the employer. Additionally, if the employer intentionally misleads or misrepresents a worker’s right to file a claim, the statute of limitations is extended to three years from the date of the incident, allowing the employee more time to file their claim. Finally, if an employee is unable to submit a claim due to an illness or injury, the statute of limitations is temporarily suspended. Once the disability has been removed, there will be an additional one year to file the workers’ compensation claim.
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