File Workers’ Compensation Claims in a Timely Manner to Avoid Problems
Filing for Workers’ Compensation
If a workplace injury occurs, you must make sure to file a workers’ compensation claim promptly. If you do not, your claim may be denied.
The Statute of Limitations Differs by State and Situation
The statute of limitations is the amount of time that the courts allow between the time an incident occurs and the time that an injured party must file a claim. Different states provide for different amounts of time, and it may also vary depending on the type of injury or disability. You should contact a workers’ compensation attorney to discuss your case as soon as possible after an injury.
Certain Situations May Delay the Starting Point
The starting point from which the statute of limitations is counted is not always obvious. For example, if the injury resulted in a coma, the injured party may not have been in a position to file a claim or assist in defending this claim until they came out of it. Or, the injured party may have had a contagious disease that kept them quarantined for a period of time.
Any serious injury that requires a long recovery time may delay the starting time for the statute of limitations. It is important to speak with your workers’ compensation lawyer as soon as possible to ensure that you protect your rights.
Chronic Conditions Make It Harder to Determine the Starting Point
Many workers’ compensation claims relate to chronic conditions — injuries caused by repetitive motion and over-use. Compared to cases where one traumatic incident caused the injury, it can become more difficult to determine where the starting point for the statute of limitations began.
Sometimes the key to understanding this is the date you last worked in the environment that caused the injury. In other cases, the date you began to show symptoms determines your due date to file a claim. A workers’ compensation lawyer can help you determine what your rights are.
Injuries That Seem Mild Can Become More Severe Later
Often, the cases that end up exceeding the statute of limitations are those that seemed minor at first. When you experience mild or moderate pain or first begin to experience weakness, loss of range of motion, or similar symptoms, you should seek medical treatment. Do not hesitate to file a workers’ compensation claim or delay treatment because you are busy, otherwise, you may miss your window of opportunity.
If you experienced injury or illness that you suspect your workplace was responsible for, you should not delay. Contact a workers’ compensation lawyer, like a Newark workers’ compensation attorney, to ensure your rights are not violated.
Thanks to Rispoli & Borneo, P.C. for their insight into filing a workers’ compensation claim in a timely manner in order to avoid having issues with your claim.