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Time Restrictions When Filing a Workers’ Compensation Claim

If you are considering filing a workers’ compensation claim, note that every state has specific time frames that you should pay close attention to. In the event that you have missed the deadline for a particular claim or requirement, you risk losing some, if not all, of your owed benefits.

State and Federal Employees

Depending on your employer, you will need to abide by specific deadlines in order to receive compensation benefits for your work related illness or injury. If you are a state employee, you will need to pay close attention to your particular state’s employee laws. In the event that you are a federal employee, you will need to follow U.S. employee laws. While your employment type may have specific restrictions, most claims will also need to follow the specific state and federal requirements for these types of claims as well. Due to a variety of situations with a variety of requirements, understanding the proper channels and requirements may make the difference in you being able to successfully initiate your workers’ compensation claim.

Notifying Your Employer of Your Illness and/or Injury

Despite who your employer is, be sure to immediately notify the appropriate supervisor of any workplace injury. Waiting to notify your supervisor can dramatically invalidate your claim. If you have been diagnosed with a medical condition that was caused by settings in your workplace you will also want to notify your employer as well. Another important notification to make clear is your statement that this injury or workplace injury was the result of workplace conditions. This notification should be done immediately, if possible. Otherwise, different laws allow for a time period in which you will be allowed to notify your employer. When making the notification, be sure to understand the local procedure of doing so. Some regions require that you make a formal written statement while others simply warrant a verbal notification. In any case, for your records, you will want to maintain a log or record of this communication as it may come into play later in your claim.

Time Restrictions When Filing a Claim

Depending on the region in which your injury or illness took place, you will need to file a workers’ compensation claim after your notification. You might not be required to file the claim yourself, as certain employers will be responsible for this. Deadlines for filing a workers’ compensation claim will also vary depending on the region. Some deadlines will allow between one (1) to a possible three (3) years after the injury or ailment took place. For permanent damages, some regions will not have time restrictions. In any case, keep records and logs of what has been submitted, to whom and when. Also keeping track of follow up procedures or anticipated time frames helps keep a clear and current picture of the claim process.

Obtaining Legal Assistance When Filing for a Workers’ Compensation Claim

An experienced workers’ compensation attorney should be one of the best resources for you to submit the necessary documents in a timely manner. Contact a qualified personal injury attorney who can be sure that your claim meets all deadlines. Missing deadlines should never be the reason why your claim was nullified or your injury or ailment has been discredited. Not meeting the appropriate deadlines could have devastating consequences in the amount of restitution you receive. Not receiving the appropriate compensation can affect you, especially if you have been unable to work due to the illness or injury. Contact a professional attorney who can guide you through the process and help ensure that your documents are submitted in a timely manner.

The attorneys at Heiting & Irwin are dedicated to ensuring that their client’s meet all state and local deadlines when filing for a workers’ compensation claim. Heiting and Irwin have over 100+ years of collective experience in servicing personal injury clients.

Richard Irwin

Mr. Irwin is a recognized specialist in Workers’ Compensation law. He has been certified as a specialist by the State Bar of California since 1995. He limits his practice to handling only workers’ compensation cases. View Attorney Richard Irwin's Attorney Bio Here.

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