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Understanding How Long You Have To File for Workers’ Comp

Workers’ comp is the system for compensating employees for any medical expenses you have as a result of a work-related injury. If you have a dangerous job, it is in your best interest to have an understanding of how your safety net works. Even if you never have to take advantage of it, you still should know about the ins and outs. A common question many workers have is about whether or not there is a deadline for filing for workers’ comp. This simple guide has all the information you need to know.

The Deadline for Workers’ Comp

There indeed is a deadline for workers’ comp. If you do not file your claim before the deadline, it will almost certainly be rejected. Actually, there are two deadlines you need to be aware of:

  • The employee’s deadline to report the injury
  • The employer’s deadline to submit the claim

On the whole, taking care of workers’ comp is the employer’s responsibility. There is, however, one major thing you need to do as the employee. As soon as you are able to, you need to report the injury to your employer. He or she should take it from that point, giving you the proper paperwork to sign and sending it to the workers’ comp agency. If either of these deadlines are missed, then the case will almost certainly be rejected, although you can appeal the denial. It is always best to report the injury as soon as possible, rather than waiting. It can hurt your case if the injury remains unreported for a long time.

The deadline to report the injury to your employer is usually much shorter than the deadline for your employer to submit the claim to the workers’ comp board. In most states, it is just 30 days, although it does vary from state to state. On the other hand, your employer usually has a full year to submit the claim, but you should ask your employer not to wait that long so you can get your compensation sooner.

If you are worried that you might not receive the compensation you are owed for any reason, it is in your best interest to speak with a workers’ comp as soon as possible. They can assist in reporting your employer for not taking his or her responsibility seriously and help you understand the laws in your particular state. Speaking with a legal representative should always be the first step you take.

 

Source: Work Injury Lawyer Plantation, FL, Law Office of Franks, Koenig & Neuwelt

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