HOW LONG DO WORKERS’ COMPENSATION CLAIMS TAKE?
What’s the timeframe to file a Workers’ Compensation claim?
If you’re involved in a Workman’s Comp situation at your place of employment, you’ll be struggling with a lot of different thoughts. Not only are you injured and trying to get accustomed to your new situation, but you may also be concerned with how your reacting to that work accident may threaten your job position. These are all valid thoughts, but don’t let them affect your decision in seeking a worker compensation settlement.
Keep this in mind, any accident that occurs at work and can be proven to be the sole responsibility of your current employer should definitely be looked into at all costs. The employer must provide workers compensation benefits to its employees. Therefore, they also have a responsibility to their employees and you may prevent someone else being injured just as you were.
What are the workers compensation benefits I’m entitled to receive if needed?
- Medical Expense – which covers the cost of hospitals, doctors and medical treatment that may arise due to your injury. In some states you may be allowed to use a medical provider of your choice, but in other states there is a closed panel system that will require you to seek medical help from a provider chosen by the employer or the employer’s insurance company.
- Disability Pay – whether you are temporarily getting back to normal, or permanently if you have never fully recovered. The amount varies, but if you have a valid workman’s compensation claim, you can usually receive work comp benefits that are equal to two-thirds of your regular wages or salary.
- Vocational Rehabilitation – if you are unable to perform the usual duties of your occupation due to your injury, you may need retraining so that you can enter into a new line of work. To do so, you may need to get your strength back, which could require physical therapy sessions. These would be covered by your workman’s comp coverage.
- Attitude – The attitude of a driver also plays a huge role in whether or not they will get into an accident in their lifetime. If you drive very aggressively with little regard to road laws, then you are increasing your chances of getting into an accident. Educating yourself about safe driving habits can make a huge difference in lowering the number of auto accidents you have in your lifetime.
What’s the timeframe to file a workman’s compensation claim?
There is a 3 year limit on making a Workman’s Compensation claim. With this in mind, you need to file the claim for your compensation settlement within 3 years of the date of the accident. However, if a medical condition is later diagnosed and your working environment is found to be the primary cause of the diagnosed medical condition, you then have three years from the date of diagnosis to pursue the claim.
Despite this 3 year period, the claim for your Workers’ Compensation settlement should be filed immediately following the accident. If you wait too long, you may lose crucial evidence or statements from witnesses. Begin proceedings while the thoughts are still fresh in your head.
If you are able to take photos of your work, where the accident occured, this would be largely beneficial. Doing so can reveal any circumstances that may have caused your accident in the first place as well as act in supporting your Workers’ Compensation Settlement claim. In all Workmen’s’ Compensation claims, consulting with an advisor is key. This advisor will tell you whether your claim has a real chance of being a success, but they will need your help to make this happen. Act fast while the memories are still fresh in your head because the longer you wait, you may miss the opportunity to claim the settlement that you’re entitled to.
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