21 Jul When To File a Workers’ Compensation Claim
Workers’ Compensation (also known as workers’ comp) is a form of insurance providing medical benefits and wage considerations to employees injured in the course of employment in exchange for mandatory relinquishment of the employee’s right to sue his or her employer for the tort of negligence.
When Should You File A Workers’ Compensation Claim
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. Delaying filing for workers’ compensation benefits after you’ve become injured or ill can pose a distinct disadvantage and potentially allow a workers’ comp insurance carrier to deny a worker compensation benefits.
More specifically, the issue of when to file gets more complicated when you have an illness or injury that developed over time, such as mesothelioma or carpal tunnel syndrome. In these cases, the clock starts ticking toward your deadline when 1) you took time off work because of the injury or see a doctor for the injury, and 2) you knew, or should have known, that the injury was caused by your work.
Workers’ Comp Process of Notification
The workers’ compensation process involves notifying your 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 as soon as possible and should include relevant details such as the date, time, and place of the injury. You’ll also want to be detailed on how the injury occurred – this is especially important if you were injured in an acute accident versus one that happened over a period of time. A worker may also wish to provide a list of witnesses if the injury was due to a specific workplace accident.