How long is my workers’ compensation claim open?

by Andrew Bainbridge | Nov 23, 2014 | Workplace Accidents and Injuries

The answer to this question is “it depends”. It is an important question, however, because compensation as well as medical benefits cannot be paid if the claim has expired.

The first thing that needs to be determined is what date did the “injury” occur or when was the “date of diagnoses” for an occupational disease?

1) If before August 25, 2006, the claim is open for 10 years from the date of the last payment of compensation or payment of a medical bill, whichever is later. But if no compensation has ever been paid in the claim then the claim is subject to 6 years.

2) If after August 25, 2006, the claim is open for 5 years from the date of the last payment of compensation or payment of a medical bill, whichever is later.

As long as the claim remains open, the Industrial Commission and BWC has what is called “continuing jurisdiction” over the claim and the injured worker can seek compensation benefits or payment of medical bills for the conditions that are recognized in their claim.

Tags: general purpose occupational disease; disease; occupational workers' compensation claim Workplace Injuries