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Gaylord & Nantais

Worker's Compensation Attorney

What are the Time Limits for Worker’s Compensation Claims? [Infographic]

Worker's Compensation claims are extremely time sensitive. A worker must notify his employer in writing within 30 days of the injury and seek medical attention immediately. In most cases, the doctor will have a report ready within 48 hours that must be reported or mailed to the appropriate District Office.

Time Limits For Filing Claims

In most states, the time for filing a Worker's Compensation claim is between 30 and 90 days. However, there are states like California and New Hampshire that give employees from 1 to 5 years to file. Filing your claim as soon as you receive the doctor's report that relates the injury to the workplace event is important if you expect to receive the benefits you deserve. It is important to file your claim as soon as possible so there is no delay in the process. The longer you wait, the more time the employer has to prepare to dispute your claim.

Within 14 days of filing your claim, the insurer must provide you with a written description of your rights under the Worker's Compensation laws. It may be included with the first Worker's Compensation check you receive.

Petitioning For A Hearing

If a claim has been denied for any reason, the petitioner only has a limited amount of time to petition for a hearing. For most states, the deadline for filing a petition for a hearing to appeal a denial is 18 months. In some cases where a case has been closed, you can petition for a hearing to reopen it as long as the condition presenting itself is related to the original work-related injury.

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