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Washington: Statute of Limitations For Claims Begins Day After Injury

July 21, 2016 (1 min read)

Claimant’s application for workers’ compensation benefits was timely when he injured his back while working for the employer on September 29, 2010 and filed his application on September 29, 2011 in spite of the language in Wash. Rev. Code § 51.28.050 that claims for benefits must be filed “within one year after the day upon which the injury occurred,” held the Supreme Court of Washington. The Court concluded that legislature did not intend to include the day of injury in calculating the time to file a claim. The statute of limitations on filing workers’ compensation claims begins to run on the date following injury.

Thomas A. Robinson, J.D., the Feature National Columnist for the LexisNexis Workers’ Compensation eNewsletter, is the co-author of Larson’s Workers’ Compensation Law (LexisNexis).

LexisNexis Online Subscribers: Citations below link to Lexis Advance.

See Kovacs v. Department of Labor & Indus., 2016 Wash. LEXIS 824 (July 14, 2016)

See generally Larson’s Workers’ Compensation Law, § 126.13.

Source: Larson’s Workers’ Compensation Law, the nation’s leading authority on workers’ compensation law