Visitor Question

Can I file a claim after two years?

Submitted By: Ramon (Dover, New Jersey, USA)

I was injured on the job in October 2010. I have Sciatica, three herniated discs, and spinal stenosis as a result of my accident. I applied for SSI disability insurance in 2012 and was approved for my injuries. I filed a workers’ compensation claim in July 2013.

Does the fact that I filed my claim after two years disqualify me from receiving workers’ comp benefits? What about the fact that I was approved for SSI – does it disqualify me from getting workers’ comp? Thanks.

Disclaimer: Our response is not formal legal advice and does not create an attorney-client relationship. It is generic legal information based on the very limited information provided. Do not rely upon the information in our response, or anywhere else on this site, when deciding the proper course of a legal matter. Always get a personalized case review from a local attorney.

Answer

Dear Ramon,

The New Jersey statute of limitations for filing a workers’ compensation claim is two (2) years. Unfortunately, for whatever reason, you failed to file your workers’ comp claim within the requisite statute of limitations. As a result, you are now barred from filing such a claim.

Read this page for more information about how SSI affects workers’ comp benefits, and vice versa.

The above is general information. Laws change frequently, and across jurisdictions. You should get a personalized case evaluation from a licensed attorney. Find a local attorney to give you a free case review here , or call (888) 647-2490.

Best of luck,

Published: January 20, 2015

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One thought on “Can I file a claim after two years?

  1. On October 10, 2010 I had an accident at work that resulted in 3 Herniated discs, Sciatica, and Spinal Trauma.

    On February 2013, I applied for SSI disability benefits and was approved for permanent disability benefits from March 2011.

    I’m wondering if I am disqualified from Workmens’ Comp benefits because I contacted a lawyer after the 2 year time frame to file a claim.

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