The statute of limitations in Tennessee Code Annotated section 50-6-203 requiring the injured employee to file suit within one year of “the accident resulting in injury” is now the only statute of limitations governing claims for workers’ compensation benefits in Tennessee for injuries arising on or after Jan. 1, 2005.
You have Not Received Compensation Benefits
In cases where an employee has not received any compensation benefits, the employee’s workers compensation claim will be barred after one (1) year from the date of injury. The only way to stop this limitation period from taking effect is for the employee to:
Give the employer proper notice of the injury, and
File a formal request for a Benefit Review Conference (BRC) from the Department of Labor.
Both of these notices must be filed within one (1) year from the date of the injury and both of these things must be done to prevent the statute of limitations from running.
You Have Received Compensation Benefits
In cases where an employee has received workers compensation benefits within one (1) year of sustaining a workplace injury, the employee’s claim can still be barred. In this situation, the only way to stop the limitation period from taking effect is for the employee to file a formal request for a BRC with the Department of Labor, within one (1) year from:
The last authorized medical treatment or
The last paid compensation from the employer, whichever occurred later.
When Injuries on the Job Are Not Covered
Remember, if the statute of limitations runs, an injured employee’s claim can be forever barred. This means that an injured employee who does not act in a timely fashion could be barred from receiving any medical benefits or financial compensation by the law of Tennessee.
Analyzing the statute of limitations can be confusing and depends on the facts of a particular case. If you have questions about a workplace injury, contact the Memphis, Tennessee workers’ compensation attorneys at Bailey & Greer. Call us toll free at 888-470-4193.