When is it Too Late to File for Workmans Comp?

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Filing for workmans compensation, or workmans comp, can be a confusing process and you may want to ask an attorney, is it too late to file workmans comp?  If you do not file your claim within the state proscribed time, you may forfeit your right to receive assistance for your injuries.  Every state has its own workmans comp laws, so each state may address workmans comp differently.

Workmans comp

Worker’s compensation, or workmans comp, is a state created insurance program that provides compensation to employees who suffer injuries performing their job.  However, by accepting workmans comp benefits; you relinquish your right to bring a civil suit against your employer for negligence.  In addition, if you work for the federal government, you will have a different workmans comp system than your state administers.  There are a few complaints related to the workmans comp system.  For example, if you have a serious injury that prolongs your inability to return to work, you may develop problems with your employer or with the compensation system.  In that scenario, speak with an experienced employment attorney. 

Filing A Workmans Comp Claim

If you sustain an injury while performing your job, you need to inform your supervisor or another individual in a supervisory role of your injury.  It is also a good idea to write up an incident report and request a copy of the report for your own records.  Next, go to a doctor as soon as possible to determine what type of injury you have suffered.Keep all records of your doctor’s visit. Your employer is required by law to do a thorough investigation of the accident and your resulting injury. Be aware that you may have your workmans comp benefits denied if you fail to report your injury within 30 days.  In addition, you must file your workmans comp claims before you are laid off or terminated.  However, an exception might apply if you gave your employer notice of your injury before the employer fired you.  If the exception applies, you may file your claim even after the layoff or termination. 

Getting Legal Help

To answer your questions about filing workmans comp, speak with an employment attorney in your state as soon as reasonably possible.  An experienced employment attorney can answer your questions including, is it too late to file workmans comp.

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