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Statute of Limitations

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Your time limitation to file an Application for Adjustment of Claim (this form will toll/stop the 2 year statute of limitation from running any further) is a difficult concept in an Indiana worker’s compensation case.  To be safe, you should file this form no later than 2 years from the date of accident.  You have an argument that you have 2 years from the date you last received the weekly worker’s compensation check to also file this form.  However, the law in Indiana is not very clear on whether your 2 year time period starts to run on the date of your accident or on the date of your last weekly worker’s compensation pay check.  For injuries that develop over the course of time, called repetitive trauma injuries, the 2 year statute of limitation begins to run on the date the injury is “discernible”.  The definition of discernible is generally thought to be the point in time when a physician diagnoses the injury as work related and offers a course of treatment.  Many cases involve litigation that argue over the word “discernible”.  To be safe, as soon as you have a repetitive trauma injury claim, you may want to consider filing an Application for Adjustment of Claim.  Finally, for occupational disease claims (these are cases where you were exposed to a chemical or other foreign agent at work), the statute of limitation is even trickier.  To understand the time period on this type of case, you may want to consult an attorney.  A discussion of the statute of limitation for occupational disease claims it outside the scope of this paragraph.

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