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How Long Do You Have to File a Workers’ Comp Claim?

Filing a Workers’ Comp Claim

In the US, there is a nation-wide system called workers’ compensation. Under this system, any individuals who are injured while working are completely covered. Any expenses related to the injury, such as medical bills or lost wages, will be compensated in full. However, many people have a lot of questions about how the process works. One of the most common questions is how long they have to file their claim. Learn the answer to this question and how to file a workers’ comp claim in this article.

How Much Time You Have

It turns out that the question of how long you have to file is actually surprisingly difficult to answer. This is because each state handles workers’ comp slightly differently. However, there is always an amount of time you have to file, and if you wait too long you may not be able to file your claim anymore. You will need to research what the time limit is for your state specifically.

You do not have to worry too much about it, however. In every state, the amount of time you have is always enough to allow you to start your recovery. You will never have to worry about missing your deadline because you were still in an emergency status when it passed. Your top priority should always be to recover, then you can shift your attention to filing for workers’ compensation.

How to File

There are only two things you need to do to file your workers’ comp claim:

  1. Report your injury to your employer.
  2. Follow your employer’s instructions.

The majority of the responsibility actually falls on your employer. This makes it even easier for you to focus on recovery after the injury. However, the filing process will still take time, so you should report the injury as soon as you are able to. Once you have reported the injury to your employer, he or she is obligated by law to file a workers’ comp claim. Your employer will likely present you with some paperwork to file, but not much else beyond that will be required of you. The specific requirements vary from state to state as well.

If you do not trust that your employer has your best interests at heart, you should speak with a workers’ compensation attorney, like a Newark workers’ compensation attorney. Some employers maliciously choose not to file the report correctly, while others simply forget. In either of these situations, you have legal options available to you. An attorney who specializes in workers’ comp will be able to tell you what options you have in your state.

Thanks to Rispoli & Borneo, P.C. for their insight into how long you have to file a workers’ compensation claim.