Timetable for workers’ compensation claims

There are many different types of time limits and different types of legal scenarios in injury law and that also holds true for work injuries. However, generally speaking, when it comes to wage loss benefits there are two basic types of calls we may get-those who need/want to get on workers’ compensation wage loss benefits, and those who are on benefits and the workers’ compensation insurance carrier is attempting to terminate, suspend, stop, reduce or modify there indemnity weekly or biweekly checks.

As we have talked about in previous posts, if you get hurt at work you generally have up to 120 days to report the injury to someone in a supervisory capacity. Lawyers call that notice. You must report or give notice to your employer of your work injury. They then in turn should contact their insurance provider who then can investigate paying (Notice of Compensation Payable) or denying (Notice of Compensation Denial) you workers’ compensation payments. In certain circumstances the time for giving notice of an injury does not begin to run until the employee knows, or by the exercise of reasonable diligence should know, of the existence of the injury and its possible relationship to their employment.

Generally, you must treat with the posted list of panel healthcare providers designated by your employer to treat for work injuries for the first 90 days of treatment-assuming your employer complies with the rules and regulations governing panel providers (strangely many do not).

Generally, you have up to three (3) years from the date of your injury to file for workers’ compensation benefits or be barred by the statute of limitations. In cases involving cumulative or repetitive trauma where the medical evidence shows that ongoing work activities aggravated the condition, the last date of work exposing one to the hazard that caused the condition or the last date on which the aggravation occurred is the date of injury.

For questions about time limits on work injuries contact Dugan & Associates today at 888-99-DUGAN.

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