What Happens If You Miss The Deadline To Report Your Injury?

Blog

Every state requires employees to report their injuries to employers within a certain period of time, usually 30 to 60 days from the date of the incident. Though the insurance company typically gives people a couple of years to actually file claims, those claims may be approved for less benefits or denied outright if the employees do not notify their employers by the initial deadline. However, there are some exceptions to this rule. Here are two workarounds that may be available to you in this situation.

Show That the Clock Didn't Start Until Later

The thing about reporting deadlines is the clock doesn't start until you learn about the condition and its connection to your job. For instance, it can take years for carpal tunnel syndrome to develop. Though a person may be diagnosed one month, it may take several more months before a healthcare provider ties it back to his or her job. At that point, the clock for reporting to the employer would start.

This tactic works best with conditions that develop over time. However, it may still work with sudden injuries that worsen weeks or months after the initial incident. You fall off a ladder, but don't experience any pain at that time. Two months later, though, your back begins hurting and your doctor ties it to the tumble you took off the ladder. You could argue the clock did not start until you were actually diagnosed with the back injury.

Tap Into Exceptions

In many states, workers' compensation insurance will have exceptions to the reporting rule that let you still qualify for benefits if one applies to your situation. For example, the reporting rule may not apply in your case if your employer already knew or should have known about the incident (e.g. heard about it from another employee or witnessed it him or herself).

Other exceptions that may apply include:

  • You were incapacitated during the entire reporting time (e.g. in a coma) and there was no one who could report the injury for you
  • The delay didn't hurt your employer in any way
  • The employer did not post the required notices about workers' compensation
  • The employer committed fraud or impeded the notification process

There may be other exceptions available. It's best to contact workers' compensation in your state for more information about this option.

For help with filing and managing a workers' comp claim, contact a local workers' compensation attorney.

Share

27 March 2017

Learning About Accident Attorney Services

Hello, my name is Matthew. Welcome to my site. I am here to talk to you about accident and personal injury attorneys. When I was involved in a serious accident, I had to recover for months in the hospital. My finances suffered due to mounting medical bills and lost wages. I dealt with considerable pain through every phase of the healing process. I worked with an accident and personal injury attorney to obtain compensation for the repercussions of the accident. I created this site to help others find an attorney to work with so they too could acquire compensation following an accident.