Blog Layout

AN OVERVIEW OF WORKERS' COMPENSATION NOTIFICATION AND CLAIM DEADLINES

Admin • February 14, 2022

Workers' compensation laws prescribe deadlines for injured employees to initiate their compensation claims. You should be aware of these deadlines so that you don't miss your chance at workers' compensation benefits. Read on to learn more about these deadlines.

Different Deadlines Apply

Several factors determine workers' compensation deadlines. Some of these factors include the following:

Nature of Deadline

Employees have different deadlines for their workers' compensation claims. For example, you must notify your employer about your injury or illness within a specific deadline. Workers' compensation also has a specific duration within which your injury must reach them. These two deadlines may differ.

State Laws

State governments determine workers' compensation laws. Thus, workers' compensation claim deadlines vary by jurisdiction. For example:

Missouri gives you 30 days to notify your employer about your injury and two years to file your claim with the Division of Workers' Compensation.
Kansas gives you 200 days to notify your employer of your injury and the same number of days to file your case with the Division of Workers' Compensation.

Thus, the state that has jurisdiction over your workers' compensation case determines the applicable deadlines.

Employer

Federal employees follow different workers' compensation laws from other employees. As such, federal workers' compensation claims also have different deadlines. You have three years to file your workers' compensation claim as a federal worker.

Nature of Injury

Workers' compensation claims cover accidental injuries, cumulative trauma, and occupational diseases. The main thing is that the disability relates to your work. The nature of the injury also affects the deadline. For example, occupational injuries and cumulative traumas usually have longer deadlines than accidents.

Late Notifications or Claims Are Possible

Workers' compensation will likely deny your claim if you file it past the applicable deadline. However, exceptions exist to this rule. Below are some circumstances in which workers' compensation may allow your claim after the deadline.

Incapacitation

Some injuries may leave you incapacitated and unable to send official notifications or file claims. At best, you may use someone (such as a workers' compensation lawyer) to handle the notifications on your behalf.

However, even such arrangements are not always possible. For example, you may not be able to do anything if you are in a coma. A disability that requires immediate and prolonged inpatient treatment can also prevent you from filing your claim.

Quarantine

Highly contagious diseases often require isolation or quarantine to avoid spreading the infections to others. The notification deadline might stretch beyond the employer notification deadline. In such a case, workers' compensation may allow your late notification.

Unclear Reporting Rules

Employers play a significant role in workers' compensation claims. For example, employers should inform their employees on workers' compensation notification and deadlines rules. Workers' compensation laws require employers to post notices on these rules. You may file a late claim if you did not know about these rules because your employer failed to post the notice.

Employer Awareness

Lastly, you may also succeed with a late claim if your employer was or should have been aware of your injury. Consider a case where you slip and fall while walking around a warehouse with your supervisor. In such a case, your employer (through the supervisor) should be aware of your injury. Another example is if your employer learns about your injury from your colleagues.

Whatever the deadlines say, you stand to benefit the most if you notify your employer about your injury as soon as possible. For example, the sooner you make the notification, the faster your claim process will begin, and the faster you will get your money. Contact Spooner & Perkins P.C., to help you process your workers' compensation claim and benefit from our decades of experience.

< Older Post Newer Post >

How Workers' Compensation Interacts With Other Benefits

December 19, 2024

If you have been awarded workers' compensation benefits, read our blog to learn how these benefits can interact with any of your existing benefits.

How a Workers' Comp Lawyer Can Help With a Burn Injury

November 20, 2024

Burn injuries in the workplace can be devastating, both physically and emotionally. Learn more here about how a workers' compensation lawyer can help.

When to Call a Lawyer for Your Workers' Comp Claim

October 22, 2024

If you've been injured on the job, you may be entitled to workers' compensation benefits. These benefits are designed to cover medical expenses and lost wages while you recover from your injury. However, navigating the workers' comp claim process can be confusing and overwhelming. That's why it's important to know when to call a lawyer for your workers' comp claim. In this blog post, we'll discuss the situations where it may be necessary to seek legal representation for your workers' comp claim. By understanding these scenarios, you can ensure that you receive the full benefits you're entitled to under the law. Denial of Your Claim One of the main reasons to call a lawyer for your workers' comp claim is if your claim has been denied. Unfortunately, insurance companies often deny valid claims to save money. If this happens, it's important to have an experienced workers' compensation lawyer on your side who can fight for your rights. They can review the details of your case and gather evidence to support your claim, making it difficult for the insurance company to deny you the benefits you deserve. Appealing a Decision If your initial claim is denied or if you feel that you're not receiving the full amount of benefits you're entitled to, you may need to appeal the decision. This process can be complex and time-consuming, but having a lawyer on your side can make it easier. They can handle all the legal aspects of your appeal and ensure that you have the best chance of getting the benefits you deserve. Pre-Existing Conditions If you have a pre-existing condition that has been aggravated by a work-related injury, it may be necessary to call a lawyer for your workers' comp claim. Insurance companies often use pre-existing conditions as an excuse to deny or limit benefits. However, with the help of a lawyer, you can prove that your current injury is directly related to your job and receive the full benefits you're entitled to. Disputes over Medical Treatment or Benefits In some cases, you may be involved in a dispute with your employer or the insurance company over the type of medical treatment you're receiving or the amount of benefits you're entitled to. This can be a frustrating and stressful experience, but with a lawyer by your side, you can have someone who knows the law on your side. They can fight for your rights and ensure that you receive proper medical care and fair compensation. Permanent Disability If your workplace injury has resulted in permanent disability, it's important to call a lawyer for your workers' comp claim. Permanent disability benefits are often complex and difficult to calculate, especially if there are future medical expenses involved. A lawyer can help determine the full extent of your disability and ensure that you receive the appropriate benefits to cover your needs. Employer Retaliation Unfortunately, some employers may retaliate against employees who file workers' comp claims. This can come in the form of demotions, pay cuts, or even termination. If you feel like your employer is treating you unfairly because of your claim, it's important to call a lawyer. They can protect your rights and help you take legal action against any form of retaliation. Navigating a workers' comp claim can be overwhelming, especially if it involves legal disputes and complex calculations. That's why it's important to know when it's time to call a lawyer for your workers' comp claim. If you find yourself in any of the situations mentioned above, it's best to seek legal representation from a qualified workers' compensation lawyer. So, don’t hesitate to seek assistance if you feel overwhelmed or encounter any issues during your workers’ comp claim process. For more info, contact us at Spooner & Perkins, P.C.