Workers comp claim how long to file

Depending on the state, if an injured worker is late in reporting their injury, they may lose their right to the benefits or get a reduced amount. The injured worker should turn in the completed form, along with documentation of medical treatment. The employer will then submit it to the insurance provider. If an employer refuses to report an injury to their insurer, the injured worker may contact the insurance company and do so directly.

Once you, as an employer, have been notified about an injury, your responsibilities include providing guidance to the employee and reporting the incident to the insurance provider. Additionally, you should also provide the following:. If possible, the employer should provide the information and forms to the injured worker before they seek treatment. Some businesses now include such information in the initial employment packet for new hires.

Note that failure to provide this information could lead to expensive lawsuits. Some details to document are:. If you've been hurt at work you need to speak with an experienced workers' compensation lawyer as soon as possible.

Please contact us online or call our Warwick office directly at We help work injury victims in Providence, Warwick and all areas of Rhode Island. Occupational Disease Claims If you have suffered an occupational disease and have a claim, the time limit is two years from disablement.

Please reference the Terms of Use and the Supplemental Terms for specific information related to your state. Grow Your Legal Practice. Meet the Editors. Worker's Compensation Time Limits. You could lose your chance to get workers' comp benefits if you miss your state's deadlines for filing a claim or reporting a work-related injury or illness.

Reporting the Injury to Your Employer After you've been injured at work, or you discover you have a medical condition caused by workplace conditions, you should report the injury or illness to your employer right away. Time Limits for Filing a Claim After you report your injury or illness, you'll usually have to file a workers' comp claim with the state workers' comp agency although your employer may take care of this step in some states. Many states include a few limited exceptions to the time limits for filing claims, including when the injured employee couldn't file a claim right away because: the injury resulted in a coma severe injuries such as serious burns required immediate and prolonged treatment or surgery, or the employee had to remain quarantined because of an injury that could be contagious.

Occupational Disease or Cumulative Trauma The time period of filing a workers' comp claim may be stretched out considerably for occupational diseases illnesses that result from workplace conditions or cumulative trauma injuries that develop over time from work activities, such as repetitive strain or stress injuries.

Caution for Moderate Injuries Don't hesitate to file a claim even if your workplace injury seems mild or moderate at first. Other Time Limits If you had a previous workers' comp claim that was closed, but your medical condition has gotten worse, you have a certain period of time often three to five years to request that your claim be reopened in order to start receiving benefits again.

Ask a Workers' Comp Attorney A lawyer experienced in workers' compensation in your area is your best resource for knowing the deadlines that apply to your situation. Talk to a Lawyer Need professional help? Start here. Practice Area Please select Zip Code. A lawyer can ensure that your appeal is properly filed in a timely manner and maximize the likelihood of winning benefits. The information provided on this site is not legal advice, does not constitute a lawyer referral service, and no attorney-client or confidential relationship is or will be formed by use of the site.

The attorney listings on this site are paid attorney advertising. In some states, the information on this website may be considered a lawyer referral service. Please reference the Terms of Use and the Supplemental Terms for specific information related to your state.

Grow Your Legal Practice. Meet the Editors. Find out if a decision on your workers' compensation claim is overdue—and what happens next. Talk to a Lawyer Need professional help? Start here. Practice Area Please select Zip Code. How it Works Briefly tell us about your case Provide your contact information Choose attorneys to contact you. Workers Compensation.