What are the deadlines for filing a claim for a work accident?

What are the deadlines for filing a claim for a work accident?

One of the most common questions after work accident is how much time the injured party has to seek compensation. Deadlines are crucial – missing them can lead to loss of rights, regardless of the severity of the incident.

What does the deadline mean?

In the event of an occupational accident, several parallel proceedings usually arise – before the employer, before the National Social Security Institute (NSI), and possibly a court case. Each of these stages has its own deadlines, which should not be mixed.

Deadline for declaring the work accident by the employer

The employer is obliged to declare the occupational accident to the National Social Security Institute within 3 days of becoming aware of it.

In practice, however, it is extremely important that the worker himself immediately notify the employer of the incident to avoid a refusal to recognize.

Deadline for the worker to declare the work accident

In case the employer has not fulfilled its obligation to declare, the worker may submit a declaration within one year from the date of the incident.

Limitation period for a claim for compensation

The claim for monetary compensation for damages resulting from an occupational accident against the employer is brought under civil law. The limitation period is 3 years, which begins to run from the date of entry into force of the order recognizing the accident as occupational.

This deadline applies to both:

• non-pecuniary damages (pain and suffering);
• property damages (treatment costs, lost income, etc.).

Non-pecuniary damage: pain and suffering

Property damage: medical expenses, lost income, etc.

What happens if the deadline expires?

If the claim is filed after the statute of limitations has expired, the employer may object and the court may dismiss the claim without considering the merits of whether the accident was serious or preventable.

Why shouldn't the collection of evidence be postponed?

In addition to deadlines, time is also critical with regard to evidence:

• medical documentation must be complete and consistent;
• witnesses remember facts more clearly immediately after the incident;
• it is easier to prove the causal relationship between the accident and the injury.

In our practice, we often encounter cases in which a real work accident does not lead to compensation precisely due to delayed actions.

Do you need help from a lawyer or legal professional?

Work accident cases are formally bound by deadlines and procedures. Consulting with a lawyer or legal professional specializing in work accident cases can prevent omissions and ensure effective protection of your rights.

If you have been injured in a work accident and are not sure whether the deadlines have been met, contact the Delikti.bg team for legal advice. Our lawyers and jurists will make an accurate assessment of the case and help you protect your rights in a timely manner.