§ 28-35-57 - Limitation of claims for compensation.
SECTION 28-35-57
§ 28-35-57 Limitation of claims forcompensation. – (a) An employee's claim for compensation under chapters 29 – 38 of thistitle shall be barred unless payment of weekly compensation has commenced, or apetition, as provided for in this chapter, has been filed within two (2) yearsafter the occurrence or manifestation of the injury or incapacity, or in caseof the death of the employee, or in the event of his or her physical or mentalincapacity, within two (2) years after the death of the employee or the removalof the physical or mental incapacity.
(b) The time for filing shall not begin to run in cases oflatent or undiscovered physical or mental impairment due to injury includingdisease until:
(1) The person claiming benefits knew, or by exercise ofreasonable diligence should have known, of the existence of the impairment andits causal relationship to his or her employment; or
(2) After disablement, whichever is later.
(c) In any case in which weekly compensation benefits havebeen paid, pursuant to § 28-35-8, in which the employer or insurer hasfailed to file the required notices, the claimant's right to file a petitionfor compensation benefits shall be preserved without time limitation.