If you have suffered an injury while working or you have been diagnosed with an occupational illness or disease, but you have not received benefits because of a claims denial or because of a delay in filing a claim, you might be wondering if your benefits are retroactive to the date that the accident occurred. To be eligible for benefits, your physician has had to indicate that you were unable to work and should receive temporary disability or permanent disability payments because of your condition. Your medical records will be carefully scrutinized. Records should indicate if your doctor placed you on work restrictions and said you couldn't return to work, but failed to indicate you were eligible for some form of disability that will also be considered. Can You Backdate Workers’ Compensation Insurance? It is hard to give a precise answer to this question because it doesn’t take differing state rules on workers’ compensation payments into consideration. Workers’ compensation is handled on a state-by-state basis and, thereby, is not under federal legislation. Most states do not make the first payment from the date you went off work because of illness or workplace related injury. While the waiting period before the first payment may be only a few days, it can be longer—taking up to 2 weeks. And, despite the fact that retroactive workers’ compensation payments may still be made in some states, there are important considerations to be made. You must have a doctor’s assessment of your workplace illness or injury which states that you are unfit for work. This helps to date when you were first unable to return to work. In states which pay workers’ compensation retroactively, this documentation can help provide you with back pay to the exact date of which you were first too ill or injured to go to work, rather than from the date at which the first payment is made. Some states may have rules about only paying back pay if you are out of work for more than a specific period of time. For example, in California, you should be able to receive back pay for the first 30 days which are designated ‘waiting days’ so long as you have proof of when you were first ill or injured enough to not work and you are likely to be off work for at least 14 days. If back payments are denied, then you may still be able to appeal the decision with the help of a workers’ compensation lawyer. Retroactive Payments After a Claim Approval If you file a claim for workers' compensation benefits, only the medical benefits go into effect right away. You will not receive other benefits until the claim has been approved. Temporary disability benefits are payable from the date of the injury as long as you miss at least a week of work. You must be employed for a minimum of 7 calendar days in most states to be eligible to receive workers' compensation benefits for temporary or permanent disability. Benefits for lost time become payable on the eighth day after the injury but the check is usually issued after 14 days of work have been missed. In some states, you must be out of work 21 days and then benefits are payable on the 22nd day. While state laws do vary, you shouldn't expect to receive a check in the first week. It is usually two weeks or more before you will receive your first check. However, dates of disability usually do not have to be consecutive. How Claims Are Paid State laws regarding workers' comp vary significantly. When and how you are paid are dependent on state laws. Some states require a longer wait than others. Regardless of the state, however, you must have a form completed by your physician that indicates you are unable to work and eligible to receive disability benefits because of your illness or injury that is work-related. Working With A Workers' Compensation Attorney If you have suffered a work-related injury or if symptoms have led to the diagnosis of an occupational illness, you should immediately consult with a workers' compensation attorney. Without the help of a lawyer family with workplace injuries and illnesses, you might not receive all the benefits that you are entitled to receive. In some cases, the claim is denied and an appeal has to be filed. Because of the complexity of a workers' compensation claim and how your employer and their insurer might try to save money rather than ensure you get access to your benefits, make sure you talk with a lawyer even before you file your claim. Schedule a free case evaluation today because a statute of limitations does apply to such claims. Additional Resources How long does it take to file a workers' compensation claim? What Types of Injuries Does a Workers’ Compensation Claim Cover?
