The shortest and simplest answer to this question is as soon as possible. If you’ve been injured on the job and you’re planning to file a workers’ compensation claim, don’t wait. The sooner you file the better off you’ll be.
That being said, short and simple are not always exact answers. It is true that after your injury you should file your claim as soon as possible, but the law allows you some leeway on this. There are statutory limits on how long you have to file a claim.
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If you’ve been accidentally injured on the job you have one-year from the injury to officially file your claim.
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If you’ve contracted an occupational disease you have three years to file from the first manifestation of your symptoms.
The reason you want to file a “written notice of claim” formally as soon as possible is that it gets your claim on record. If your employer chooses not to challenge your claim, they have 28 calendar days from the notice to begin payment of workers’ compensation benefits. If your employer chooses to deny your claim, they are required by law to provide you with written notice of their denial and the reasons why they are denying your claim.
If you’re not sure how to proceed with a workers’ compensation claim you can retain a workers’ compensation attorney to help you wade through the process. Contact our firm and speak with one of our board certified workers’ compensation attorneys who will review your case.
