When Can You File a Claim for Workers' Compensation?

You can file a claim for workers' compensation benefits as soon as you become injured on the job or develop an illness that is related to your work. In fact, delaying filing for workers' comp benefits after you've become sick or injured can be a distinct disadvantage and potentially allow a workers' compensation insurance carrier to deny benefits.

At the least, a significant amount of time between when the injury allegedly occurred and when it is reported can throw up red flags for an insurance carrier who suspects that a benefit claim is not wholly legitimate.

Workers' Comp for Carpal Tunnel and Other Continuous Trauma Injuries

Things get more complicated when you have an illness or injury that developed over time, such as mesothelioma or carpel tunnel syndrome (known as a continuous, or cumulative, trauma injury).

In these cases, the clock starts ticking toward your deadline when:

• you took time off work because of the injury or see a doctor for the injury, and
• you knew, or should have known, that the injury was caused by your work.

Reporting Your Workplace Injury

Initiating the workers' comp process involves notifying your an employer of your injury or work-related illness and, in most states, filing a formal workers' comp claim.

Employer notification of an injury or illness should be made promptly and should include pertinent details such as the date, time, and place of the injury, as well as how the injury occurred.

A worker may also wish to provide a list of witnesses if the injury was due to a specific workplace accident.

Filing a Claim for Workers' Comp Benefits: Steps to Follow

Each state has its own procedures and deadlines for filing for workers' comp benefits. Still, in most states the steps include the following:

1. If your injury or illness is serious, get medical treatment right away. Your health should be your first priority, not your workers' comp claim. If you require immediate medical care, get it before doing anything else. Remember to mention that your injury occurred at work.
2. Report your injury to your employer as soon as possible. Every state has its own deadline for reporting a workplace injury. Some allow only a few days, while others grant 30 days or more. Report your injury in writing, and ask for written confirmation that your employer has received your report.
3. Attend medical appointments. Your employer or its insurer will probably require you to visit an approved doctor (or choose from a list of doctors) for treatment related to your workers' comp claim. Be sure to attend all such appointments.
4. File your workers' comp claim. You can get a claim form from your employer or your state labor department's website. The claim form will ask for information about your injury, your work status, and your employer. Be mindful of your state's filing deadline.
5. Hire a workers' comp attorney (if needed). If your claim is high-value, complicated, or has been denied, consider hiring a workers' comp attorney. Most workers' comp lawyers don't charge any fee up-front, and only collect 15-25% of your settlement or award. You're much more likely to receive benefits if you hire an attorney than if you try to go it alone.

What Is The Statute of Limitations on Workers' Comp Claims?

Each state has its own workers' comp laws, and in some states the "statute of limitations" (deadline) for filing a claim depends on the type of injury.

Typically, however, you will be safe if you file for benefits within one year of the date of your injury or accident.

There is another deadline involved with workplace injuries, however, and that is notification of your employer. Generally, you have to notify your employer within 30-45 days of being injured, or you can lose your right to file a workers' comp claim.

This notification can be formal, such as sending a letter or email saying that you cut your hand on a piece of equipment, or informal, such as mentioning to your boss that your wrist hurts. It's safest to notify your employer in writing, and include the date and place of the accident or injury.

Contact an Attorney

If you've suffered a serious injury at work, contact a workers' comp lawyer for help filing your claim.