How Long Do I Have to File a Workers’ Compensation Claim?

If you are wondering how long you have to file a Workers’ Compensation claim, it depends on where it happened. States have different regulations that apply to these cases; applicants can be turned down when they are not followed. It is best to file as soon as possible, but some exceptions might apply.

To qualify for payments, a worker must notify their employer of the injury within 120 days after it happens. If the issue is a work-related illness like carpal tunnel syndrome that developed over time, the statute of limitations for filing is the same. Still, the clock starts ticking when the employee becomes aware of the problem.

In Pennsylvania, that 120-day deadline has an important exception: occupational diseases like chemical exposure and cancer. In these instances, employees must have become disabled or injured within 300 weeks after the last date of on-the-job exposure. An example might be an employee who developed mesothelioma five years after stopping work in a facility that contained asbestos.

When Will My Workers’ Compensation Benefits Start?

If the forms are correctly filed, and the insurer approves your claim, you might receive the first payment in eight days. You must miss at least seven days of work for the payments to start, and if you miss two weeks, you will get retroactive pay. These payments can cover lost wages plus medical care coverage, prescriptions, specific loss benefits (like a permanent loss of vision), and death benefits.

Are There Other Workers’ Compensation Requirements?

Bear in mind that your employer may require you to seek treatment from certain health providers. Much of the time, they post lists that employees can choose from. Treatment with the chosen provider must continue for 90 days. You are entitled to second opinions, however.

Workers’ Compensation claims can be delayed or denied when employees fill out the claim forms incorrectly and forget to submit important information that the insurers need. In addition, insurers might set up roadblocks when claimants have pre-existing conditions. Problems can also occur later on, so be sure to follow the physician’s orders. Make copies of all the forms you submit and mail hard copies of documents with registered receipts through certified mail.

It is also important to keep organized records of all the paperwork related to your claim. You can also journal your injuries or illness and how it has affected your work and daily living. Finally, take detailed notes of any phone conversations you have with your employer or the insurer about the claim.

Contact a Philadelphia Workers’ Compensation Lawyer at Freedman & Lorry, P.C. if You Need Sound Legal Advice for a Workers’ Compensation Claim

Workers’ Compensation claims often get held up, but the problem can sometimes be traced back to the insurer instead of the claimant. Contact a skilled Philadelphia Workers’ Compensation lawyer at Freedman & Lorry, P.C. for a free consultation. Call us at 888-999-1962 or contact us online. Located in Philadelphia and Cherry Hill, New Jersey, we serve clients in Pennsylvania, and New Jersey.