Workers’ Comp Time Limits

Workers’ Comp Time Limits

If you miss the state’s deadline for filing a workers’ comp claim, you could lose your chance to receive proper compensation. There are different time limits related to your workplace injury, and you should be aware of what they are so you don’t forfeit your right to a payout. Each state sets its own deadlines, so be sure you know the specifics related to your state. The following are some time limits you’ll need to look into.

Reporting the Injury at Work

It’s your job to ensure your employer knows you were injured while at work. If your supervisor witnessed the accident or your boss was present when it happened, he or she should already know and be aware, but you might want it in writing to avoid any problems. In one state, you might be required to report the injury to your employer as soon as possible, while another state might ask you do it within 10 days following the accident. In another state, you could have up to 90 days.

Filing the Claim With the State

In many states, your employer handles this step, but it might be a good idea for you to follow up to ensure it gets done. Deadlines range from one to three years beginning on the day you were injured, though some states might allow more or require less time. The type of injury you have could also play a role in the amount of time you have. For example, Wisconsin allows six years for sudden injuries, but a serious injury doesn’t have a time limit.

Filing a Claim for Occupational Diseases

In addition to occupational diseases, cumulative trauma typically has a unique time limit when compared to other types of injuries. Many states require the claim is reported within a time limit that begins at the time of the last exposure to whatever caused the condition, rather than at the time of first exposure.

Reopening a Claim

There’s a chance you already had a workers’ comp claim that was processed and already closed. Perhaps the injury got worse since the time your case was closed. You might be able to reopen the claim, but you’ll need to file a request. Often times, you have somewhere between three and five years to make that request.

Gaining Greater Understanding

It’s essential you understand all the time limits associated with workers’ compensation.  Contact an on the job injury attorneys for more information on how to get started.