How Long Do I Have to File a Workers' Compensation Claim After an Injury?

Understanding the time limits for filing a workers' compensation claim is crucial for employees who have been injured on the job. Missing a deadline can result in the loss of rights to compensation that can be essential for recovery and financial stability.

This guide will explain how long you typically have to file a claim after experiencing a workplace injury.

Understanding the Statute of Limitations

The statute of limitations in workers' compensation cases refers to the amount of time you have from the date of your work-related injury or illness to file a claim. This period can vary significantly depending on the state in which you were injured. Generally, it ranges from one to three years, but specific circumstances related to your case can extend or shorten this time frame.

Key Time Limits to Consider

Notification of the Employer: Before even filing a claim, most states require that the injured employee notify their employer about the injury within a specified period, typically between 30 to 90 days after the incident. This notification should be in writing and include details about the injury and how it occurred.
Formal Claim Filing: After notifying your employer, you must file a formal claim with the state workers' compensation board. The deadline for this filing is typically set by state law and can range from one to three years from the date of the injury or the date of last compensation received.
Special Considerations for Occupational Diseases: For injuries that develop over time, such as occupational diseases or repetitive stress injuries, the clock starts ticking not when the injury first occurred, but rather when you became aware or should have become aware of the injury’s connection to your employment.

Factors That Can Affect Your Filing Deadline

Late Discovery of the Injury: In cases where the injury was not immediately apparent (e.g., lung disease from long-term exposure to hazardous chemicals), many states allow you to file a claim from the date the injury was discovered or should have been reasonably discovered.
Minor Status: If the injured worker is a minor, some states may allow for the statute of limitations to begin only after the individual reaches the age of majority.
Employer Misconduct: If an employer has deceived an employee about their workers' compensation rights, courts may extend the deadline for filing a claim.

Why Timely Filing Is Critical

Filing within the set deadlines is crucial because failing to do so can result in the loss of the right to recover workers' compensation benefits entirely. These benefits can cover medical expenses, lost wages, and rehabilitation costs. Prompt filing also helps ensure that the details of the injury are documented accurately and that evidence remains available.

Steps to Take After a Workplace Injury

Seek Medical Attention: Your health comes first. Obtain treatment and ensure that your injuries are documented by a healthcare provider.
Notify Your Employer: Inform your employer about the injury as soon as possible, following the guidelines for notification periods in your state.
Consult with an Attorney: A workers' compensation attorney can provide valuable guidance on the process and help ensure that your claim is filed on time.

Act Now to Secure Your Workers' Compensation Benefits

Knowing the deadlines for filing a workers' compensation claim is essential for securing the benefits you deserve. If you have suffered a workplace injury, act promptly to meet the required timelines and seek professional legal assistance to navigate the complexities of the claim process. Remember, protecting your rights begins with understanding your responsibilities.

Reach out to Leonard Law Group today at (312) 487-2513 to learn more.