After being injured in an accident while on the job, the last thing an employee may consider is how to apply for workers’ compensation benefits. Filing piles of paperwork to receive compensation for his or her injuries may be the farthest thing from that person’s mind. However, workers’ compensation laws do set deadlines for how soon an employee should begin the process if he or she wants to pursue these benefits. We have asked a legal expert, attorney Alaina Sullivan, about what you should do. Here is what she had to say: Time Limits Each state has its own variation on workers’ compensation laws, so it goes without saying that each state has its own set of deadlines and time limits, as well. The most common time limits range between 30 days to 90 days for making a claim. Some states are fairly generous and offer longer time limits, such as California, where an injured employee has one to five years to file a claim. However, even in California, the employee has only 30 days to report the injury and at least give notice to the employer that the employee is going to be filing a claim. Exceptions to Time Limits However, nothing is black and white, and exceptions do exist to the time limit rules that apply in most states. However, these exceptions are narrow in scope and only apply in select circumstances including: Injuries resulting in the employee being in a coma and therefore unable to file a claim; Injuries that are so severe and require prolonged and immediate treatment or surgery, such as severe burns; and Illnesses that are so contagious that the employee is required to remain quarantined for an extended period of time and is there for unable to file a claim. Keep in mind these exceptions are narrow, as stated above, and only apply in select circumstances. When in doubt, assume that a claim can be filed within the required time limit. Informing the Employer of the Injury The very first thing an injured employee should do is to inform the employer about the accident and resulting injury as soon as possible. Of course, get the medical treatment needed first, but as soon as the employee is physically able, he or she should inform the employer. Each state has its own set of laws dictating how long the employee has before notifying the employer, so it is important that the employee look into his or her state’s specific time limit given. In most states, the time given is 30 days, but some states go as long as two years. Keep in mind, however, that if the employee is stating that he or she is not able to work because of the injuries, odds are the employer is already aware, but it is important the employee never assume that the employer knows. Formal notice is a requirement no matter what, even if the employer is practically aware of the injury. Submission of Claim The employer will normally provide the claim forms to the employee. Once the employee submits the forms to the employer, it is up to the employer to submit the paperwork to the insurance provider. However, some states do require the employee to also file a separate claim with the state worker’s compensation agency. Both submissions have a set time limit, as well, and that varies, depending on the state. If the employer approves the claim, it will be sent and likely approved by an adjuster for the workers’ compensation company. The insurance company will reach out to the employee for instructions on how to submit medical bills for payment. What If the Employer Refuses to Cooperate? In a situation where the employer is refusing to cooperate with the filing of a worker’s compensation claim, this formal notice will protect the employee. He or she will also need to contact the local workers’ compensation office to assist. Always document communications with the employer and the insurance agency if a dispute does occur between the parties on whether the claim should be approved. This information will be needed by a workers’ compensation attorney to assist the employee in navigating a dispute regarding a workers’ compensation claim. Contact an Attorney Today If you have been involved in an accident at work and are unsure of how to proceed with a workers’ compensation claim, you should contact a workers’ compensation attorney who can help answer your questions. An attorney trained in workers’ compensation law will be able to review your case and determine your best course of action. To receive the compensation you deserve, contact an attorney in your area today. Additional Resources Hiring an Attorney for Workers' Compensation How Can I Start a Workers’ Compensation Claim?
