Definition of Statute of Limitations (SOL)

The SOL is a time limit imposed by statute, within which time you must act, or lose your right to take action. In L&I cases, the SOL generally refers to the time you have:

a. from your injury date to when you must file an L&I claim or

b. from the manifestation date of your occupational disease until you must file a claim.

INJURY STATUTE OF LIMITATIONS (SOL)

If you have an injury on the job, you must file a Report of Industrial Injury or Occupational Disease within one year of the incident, or else you lose your right to do so. RCW 51.28.050.

OCCUPATIONAL DISEASE STATUTE OF LIMITATIONS (SOL)

An occupational disease claim must be filed within two years.

When does the two years begin to run? It starts the day a physician or a nurse practitioner give written notice to the worker of:

a. the existence of the disease, and
b. that a claim for disability benefits may be filed.
See the occupational disease statute of limitations for the legislature's exact wording; RCW 51.28.055.
See our occupational disease page for important details about occupational disease claims.

Statute of Limitations for Occupational Disease may be longer than you think.

The good news is that many persons actually have a lifetime or longer to file their occupational disease claims, because seldom does the two year SOL begin to run.

Even after death, a spouse often can still file an occupational disease claim for the deceased.

The bad news is that while occupational diseases can be obvious, most, due to the long latency period and the insidious nature of toxic poisoning, are difficult or nearly impossible to spot. Many valid occupational disease claims are never filed because the connection between work and disease is not recognized or because many persons just don't know their rights or because people are too timid to act - even when they know they are dying from on the job problems.

Contact Washington Workers' Compensation attorney Chris Sharpe if you have questions about the Statute of Limitations.

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