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How Long Do I Have To File A Work Injury Claim?


August 7, 2009 | Comments (0)

When injured at the workplace, the only way to receive financial help is to file for workers compensation claim. However, the process itself is very complicated and should be done within the given time limits. These time limits vary from one state to another, but the usual time is between 30 and 90 days. The best way to find out the time limit in your state is to speak to a knowledgeable workers compensation attorney. In theory, the sooner you file for your workers compensation claim, the sooner you will start receiving your financial benefits. Also, it will be a lot easier to prove your eligibility to receive these financial benefits. So don’t waste any time, if you are able to, act as quickly as you can.

Time Limitation For Filing For A Workers Compensation Claim

As stated above, the most common limitation is between 30 to 120 days. Since this differs from one state to another, you should do a little bit of researching before acting. One thing is certain – the faster you are able to report the injury to your superiors, the better it is for you. In Philadelphia one has only 120 days to report the injury to his supervisors; after reporting the injury, this injured individual has one to five years to file for workers compensation claim.

Are There Any Exceptions?

Yes, there are a few exceptions concerning the injured individual and the type of the injury received:

  • If the injury was severe and the injured individual fell in coma, depending on the duration of the injury, he may not be able to report it to the superiors or file for workers compensation claim. In this case, the individual may file for work comp claim after recovering from the injury.
  • If the injured individual received burn injuries are has to have a prolonged treatment involving several injuries and a long resting and recovering period, the individual will be given extra time to report the injury and file for work comp claim.
  • If the individual received an illness that is contagious and has to spend time quarantined, this individual will be given extra time to report the injury or illness, and file for workers compensation claim.

There are other exceptions. To learn more about them, speak with a workers compensation attorney.

Injuries That Could Develop Additionally

In some cases, individuals suffer from a progressive injury or condition. In this case, it is essential to report the injury as soon as possible and file for workers compensation claim straight away. Due to the nature of the condition/injury, you may not be able to do it at the later stage of development.

Don’t think that you will have the strength to act once the condition fully develops. Underestimating the condition is the biggest mistake people do. Act now while you have the strength and time, and don’t wait before it is too late or you may end up losing your financial benefits.

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Cochran & Edwards provides personalized legal services for Business Litigation, Personal Injury, Class Action Litigation, Estate Planning & Government Law.