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

Filing a workers’ compensation claim is often an option for employees who suffer injuries or illnesses related to their jobs. Understanding the statute of limitation—the timeframe within which you must submit your claim—is essential in protecting your rights and ensuring you receive the benefits you deserve. 

Each state has its own rules regarding this timeline, and if you miss it, you may lose your opportunity for compensation.

Knowing how long you have to file your claim helps ensure that you’re not left without support during your recovery. Having this understanding empowers injured workers by simplifying what can often seem like a complicated process. 

If you’ve been injured in a work-related accident, speak with a workers’ compensation attorney from Rosenfeld Injury Lawyers to make sure you get everything you’re entitled to. 

Understanding Workers’ Compensation

Workers’ compensation is a form of insurance designed to provide benefits for employees who suffer injuries or illnesses due to work-related activities. 

The purpose of workers’ comp is to ensure that injured employees receive necessary medical treatment and compensation for any disabilities resulting from their job injuries. Most jurisdictions require every employer to carry this type of insurance.

If you’re injured at work and must file a claim, you do not have to prove that anyone was negligent or at fault for your injury. In most cases, as long as the injury occurred at work, you can receive these benefits. 

Types of Workers’ Compensation Benefits Available

In the event of an injury or occupational disease, there are several types of workers compensation benefits available:

• Medical Benefits: Coverage includes payments for medical bills incurred due to your injury. This can include doctor visits, surgery costs, physical therapy sessions, and any essential medications.
• Income replacement: If you cannot work due to your injury or illness caused by a work accident (including occupational illnesses), you may be eligible for wage-loss benefits. These compensate injured employees while they recover and cannot perform their job duties. Injured employees usually receive a percentage of their wages, somewhere around 66%.
• Disability Benefits: If your condition results in lasting impairment or disability, you may qualify for additional financial support. Disability benefits typically come in two forms: temporary and permanent. Temporary disability benefits assist during recovery if you cannot work for a limited time due to the injury or illness. Permanent disability benefits provide ongoing compensation if your condition results in lasting impairment that affects your ability to work indefinitely.

The Statute of Limitations for Work-Related Injury or Occupational Illness

The statute of limitations in the workers’ compensation process is a critical aspect that every injured employee must understand. This legal timeframe defines how long you have to file a claim after your injury or illness occurs, typically starting from the date of injury or diagnosis for an occupational disease. 

Missing this deadline can lead to losing your right to receive workers’ compensation benefits altogether, leaving you without financial support for medical bills and lost wages during recovery.

Employees need to notify their employer immediately and report any incident so they can begin the claims process as soon as possible. Being aware of these time limits allows injured employees to take proactive steps toward securing their rights and ensures they start receiving benefits promptly.

State-Specific Deadlines and Statutes of Limitations

Workers’ compensation statutes of limitations can vary significantly from state to state, making it essential for injured workers to familiarize themselves with the laws specific to their location. Generally, most states allow a claim to be filed within one or two years after the date of injury. 

However, some states may have shorter timelines or different deadlines based on various factors, such as whether an occupational disease is involved. 

Reporting a work illness or injury to your employer as soon as possible is crucial for many reasons. 

First, timely reporting ensures that you receive the appropriate medical treatment and start on the path to recovery. Additionally, notifying your employer immediately helps initiate the workers’ compensation process, which can significantly impact how quickly you begin receiving benefits.

Different states have specific deadlines for reporting workplace injuries or illnesses, typically ranging from 10 to 90 days after the incident occurs. Failing to meet these deadlines may jeopardize your ability to file a successful workers’ comp claim later.

Below is an overview of the standard statute of limitation periods for each state, dictating when workers’ compensation claims must be filed and how long you have to file a lawsuit. 

Filing a Workers’ Comp Claim

After reporting a workplace injury or illness to your employer, the next step is filing a claim for workers’ comp benefits. Below are the steps involved in this process: 

• Complete Required Documentation: Gather any documents related to your job injury, including medical records, witness statements, and incident reports.
• File Your Claim: Most states allow you between one and three years after the date of injury or diagnosis for an occupational disease to file a workers comp claim with their insurance. Check your state’s specific timeframe, as it will influence how quickly you must act. It’s also important to note that in some cases, the time limit may not begin until you’ve received your last payment for medical care or disability. 
• Submit Your Claim: Once all necessary documentation is compiled and completed, submit your claim to the appropriate workers’ compensation board or insurance carrier. Ensure that you keep copies of everything submitted for your records.

If you have experienced a work-related illness or injury and need assistance navigating the claims process, do not hesitate to reach out to an experienced law firm. 

Special Considerations

In certain situations, the time limit for filing for workers’ compensation may be extended. Understanding these exceptions is important, especially for those dealing with occupational diseases or cumulative trauma injuries.

• Occupational Disease: If your injury stems from an occupational disease – conditions like long-term exposure to harmful substances – this is one exception where the date of injury might not be clear-cut. The statute of limitations may begin from the date you received a medical diagnosis rather than when symptoms first appeared.
• Cumulative Trauma: Cumulative trauma results from repeated strains over time rather than one specific incident. For example, if you’re an employee who develops carpal tunnel syndrome due to repetitive work tasks over several months or years, you may have more flexibility regarding when you can file your claim.

Injurious Exposure

The concept of “injurious exposure” is also important to understand in these situations. This concept applies when a worker becomes disabled due to injuries or conditions suffered while working for successive employers. 

Under the injurious exposure rule, liability for workers’ compensation benefits is typically placed on the last employer at which the condition was aggravated or where the employee experienced significant exposure to harmful substances.

Understanding how injurious exposure impacts your ability to obtain benefits is essential in ensuring you pursue adequate compensation from the appropriate party. For any questions related to a work injury, contact Rosenfeld Injury Lawyers today. 

Third-Party Involvement

When employees suffer an injury due to their employment, they typically rely on workers’ compensation to cover medical expenses and lost wages. However, if a third party is involved—such as another company, a defective product, or exposure to hazardous substances—the injured worker may have the option to file a personal injury lawsuit against a person or company in addition to their workers’ comp claim. 

Damages in a Personal Injury Lawsuit

In a personal injury lawsuit, you can pursue compensation beyond what workers’ compensation covers. For example, you may seek damages for pain and suffering, which is not included in typical workers’ compensation benefits. The statute of limitations for this type of lawsuit differs from the deadline for your workers’ comp claim.

Navigating these claims can be complex, so consulting with a personal injury attorney is recommended to explore your options. They can provide guidance on reporting the injury, determining the last date you were hurt, and understanding how much time you have to file a claim.

Additionally, an attorney can help you understand the role of the insurance company and what payments you might be eligible to receive. They will help you file a lawsuit if appropriate.

Your Next Steps

Navigating the workers’ compensation claim process can be challenging, as you’re dealing with strict deadlines and legal nuances. Seeking assistance from an experienced workers’ compensation attorney can make a significant difference in your case. 

Call (888) 424-5757 or complete our online contact form.