Is There a Time Limit on Workers’ Compensation Claims?

If you were injured while working recently, you probably have a lot on your mind. Your top priority is to get better, and this is how it should be. However, you should know that workers’ compensation is there to provide for your medical bills and other injury-related costs. You may be worried that you only have so much time to file your workers’ comp claim. What are the consequences of waiting too long? Is there a time limit to file your claim? If so, how much time do you have? This guide will go over everything you need to know about workers’ compensation. 

How Long You Have To File

The very first thing you need to understand about workers’ comp is that it is run on the state level. This means there are a few things that are universally true about it. Each state has slightly different rules to the system. With that in mind, there is usually a time limit to file your workers’ comp claim. However, the exact length of time you have to file will depend on which state you work in. The limit is usually about one month. While your priority should be to get better, you should not wait too long to begin the filing process. In fact, you should begin the process as soon as your injury is no longer a health emergency.

Filing Your Claim

So what exactly does filing a workers’ comp claim look like? It is much easier, faster, and simpler than you might think. There are only two things you need to do:

  • Report your injury to your employer
  • Follow your employer’s instructions

It really is as simple as that. The responsibility of filing the claim falls on your employer. The law requires all employers to file a workers’ comp claim when a worker reports an injury to them. Your employer will likely need you to sign some paperwork, but there is very little else you will need to do besides providing your employer with the information he or she requests. The exact process your employer needs to follow varies from state to state.

Other Notes

Here are a few other things you should keep in mind when filing for workers’ compensation:

  • If you work in a different state than the one you live in, only the state you work in matters.
  • Only injuries that result directly from work-related activities are eligible for workers’ comp.
  • Only workers classified as employers qualify for workers’ comp. If you are a volunteer, independent contractor, or freelance worker, you are not eligible.

If you suspect your employer failed to file your claim correctly, you should speak with a workers’ compensation lawyer, like a workers’ compensation lawyer in Wytheville, VA.
Thanks to The Law Offices of Mark T. Hurt for their insight into what the time limit on workers’ compensation claims is.