When you are injured on the job, you are most likely entitled to workers’ compensation benefits, but what if it’s been a while since the injury? While most states have a deadline you have to report within, there are some situations that protect people like you so you can still receive what you deserve. If you don’t report on time, it’s possible your claim will be denied. The following breaks it down.
The Generic Deadline
Most states have a generic deadline that injured workers are required to report their injury in. In many states, it’s 30 days, though others allow up to 90 days. Some, like Colorado, only give a few days before limiting the benefits you’re entitled to. A few states don’t give a specific time limit, but do require the report gets done in a reasonable amount of time.
There are some exceptions that are acceptable within the law. The following are just a few scenarios that may allow for you being late on reporting, or not reporting the injury to your employer at all.
- You were in a coma and couldn’t report the injury on time.
- You were mentally capacitated in one way or another and unable to make the report.
- Your employer witnessed the accident and therefore already reasonably known.
- Your employer did not have workers’ comp rules posted as required by law.
Another situation is when you have an occupational illness. For example, you may have injured arms and wrists without realizing what it is for an extended period of time. Perhaps later down the road, you are diagnosed with carpal tunnel. If your job required a lot of repetitive motions of the wrist, you may soon realize the carpal tunnel was a direct result of your job. In that case, you would need to report the injury as soon as you realize it was from your job.
It’s best to get your workers’ compensation claim taken care of right away. Though each state has different deadlines for different areas of the process, the sooner you start, the sooner it will be taken care of. Reporting your injury to your employer is just the first step in the process, and an attorney can help you continue on correctly.
Contacting an Attorney
If you were injured in a workplace accident, you may be entitled to workers’ compensation, but you’ll need to make the report on time to avoid any hiccups in the process. Contact workers’ compensation lawyers in Milwaukee, WI today to learn more and for assistance in getting started.
Thanks to Hickey & Turim, SC for their insight into workers’ compensation claims and reporting on time.