Q. On occasion clients will call to discuss an injury that took place more than one year ago. They want to know if there is time limit that would affect the ability to bring the claim.

 A. There most certainly are specific time limits in workers' compensation cases. For a worker who has not been paid any weekly benefits, the statute of limitations is two years from the date of injury.

            For the worker who has received weekly compensation, or even daily compensation, the statute of limitations is a floating date that is measured by three years from the date of last payment of weekly benefits. Payment of medical bills only does not extend the statute of limitations.

            Lastly, workers need to understand that Iowa law requires that the worker give notice of a potential injury to the employer within ninety days of when the accident took place, or when the employee "knew, or should have known" that there was a probable work injury. Giving notice to your employer can be as simple as speaking to your supervisor about the injury. However, it is best to give notice in a written manner.

            Many employers have work rules requiring the worker to give notice in a written format. Some employers mistakenly believe that if a worker does not give notice within twenty-four hours of an injury that the worker can no longer make a claim for workers' compensation benefits. Although a claim after twenty-four hours might be in violation of company rules, it does not make the claim invalid, so long as the claim is made within ninety days.

            These notice standards vary dramatically from case to case. You should consult with an attorney of your choice in determining whether or not a notice, or statute of limitation problem exists in your workers' compensation case.