If you suffer from a work related injury or illness, then you may be considering a workers’ compensation claim. This is the natural step after finding out that you have an injury caused by your occupation. Once you discover that it is work-related, you need to report the injury and file the claim. Of course, there are deadlines too. Here is what you need to know about filing claims.
When to Report the Injury
Never wait to report an injury at work! If you suffer an injury or if you discover a work-related condition, then you need to report it as soon as possible. In most states, you have between 10 and 90 days. Sometimes you do not have to file an official report, as long as your employer was aware of your injury.
When to File a Claim
Once you report your injury or condition, you need to file the workers’ compensation claim. Now, in some states, your employer will do this for you. In this case, it is important that you stay up to date with your employer to make sure that he or she files the claim. If he or she refuses to, you may have to do it yourself. In many states though, your deadline for filing a claim is between three and six years. In some cases, there may not be a time limit at all, depending on the injury and how serious it is.
When to Reopen a Claim
In some cases, the workers’ compensation time limit gets stretched out if it is a cumulative trauma. You may have to report the claim within a certain time period after you were last exposed to the cause of your injury or condition. Every state has its own laws regarding these types of filings.
If your workers’ compensation case was closed but your injuries or conditions have gotten worse sense, you often have a chance to reopen the same claim. The time limit for this is usually between three and five years, depending on the state. You also need to stay aware of the deadline for submitting bills to be covered. Your doctor needs to now that you are receiving treatment under a workers’ compensation case.
The deadlines around workers’ compensation can be confusing. Every state has its own rules and each case may have different circumstances. If you are not sure what your deadline is, consult with a workers’ comp attorney in Newark as soon as possible.
Thanks to Rispoli & Borneo, P.C. for their insight into workers compensation and the deadlines for claims.