Worker’s Compensation Time Limits

If you have been injured in a work-related accident, there is a good chance that you are eligible for worker’s compensation benefits.  Every state requires employers to carry such insurance to cover such on-the-job injuries, but the laws vary by state.  Generally, they require that an employer pay for the medical and rehabilitative expenses for such an injury, cover lost wages up to two-thirds of the worker’s regular salary, and even pay a lump-sum settlement for permanent disabilities.  However, one of the most crucial elements of worker’s compensation laws is that they have time limits for filing.  In addition, the sooner you file a worker’s compensation claim, the sooner you will begin receiving your benefits.  If you have an unusually difficult or complicated case, or if for some reason you miss the time limit, you may need to consult an attorney to learn how you can pursue your claim.

Worker’s Compensation Time Limits

Every state law is different, but they all have time limits within which you must file a worker’s compensation claim.  For many states, that limit is 30 days.  Your employer then generally has 7 days to file that claim with their insurer.  If you do not file within that period, you may not be able to file a claim at all.  If you hesitate to file a claim and then your injury worsens, you may be barred from receiving compensation at all.  However, if you file a claim, receive treatment, and then are able to return to work, but your injury recurs, you may be able to file for additional benefits within 2 years of the original claim.  In some instances, it may be considered a new injury requiring you to file a new claim.  If you have exceptions to the time limits in your state, be sure to consult a worker’s compensation lawyer to help you understand your options. 

Exceptions to Worker’s Compensation Time Limits        

There are some additional exceptions that are considered justifiable for late filing of worker’s compensation claims, which may include:

• Injury that results in coma, rendering the employee unable to file a claim
• Injuries that are severe and require immediate and prolonged treatment or surgery, such as serious burns
• Illnesses that can be contagious, requiring the employee to remain quarantined and unable to file a claim
  

If you have questions about an injury that you suffered on the job, an experienced worker’s compensation lawyer can help you understand if your situation is the kind of exception that will allow you to file a late claim.

Additional Requirements for Filing a Worker’s Compensation Claim

The best option for an employee injured on the job is to file a worker’s compensation claim immediately.  Consult your state laws to learn what the time limits are, but the sooner you file, the sooner you will be able to begin receiving your benefits.  If you filed your claim on time, but your employer failed to do so, you can report that infraction to your state worker’s compensation office.  Often, an employer may be liable for fines for late filing.  In addition, other employment laws may come into play while you are recovering from a job-related injury.  Be sure you know which laws take precedence and do not attempt to invoke such laws inappropriately.  A worker’s compensation lawyer can guide you through that complex process if you have a serious injury and a complicated claim.