Can My Claim Be Denied if I Don’t Report the Injury in Time?

If you hope to take advantage of workers’ comp, you need to understand how the process works. One of the most common questions is whether you can be denied workers’ compensation for waiting too long to file your claim. You can have all your questions answered by reading this guide.

The Basics

Workers’ comp is a system for compensating workers for any injuries that happened as a result of performing work-related actions. All types of injuries are covered, including repetitive stress injuries, injuries that you were the cause of, and injuries caused by co-workers or your employer. The only factor that matters is that the injury occurred because you were doing your job. This means that you cannot claim workers’ comp for an injury that happened while you were on break.

All types of financial loss related to the injury will be compensated. This includes:

  • Medical bills
  • Lost wages
  • Other expenses

The Process

  1. The very first thing you should do when injured while working is seek medical aide. If you need to go to the hospital, you should immediately take care of yourself whoever you need to. Do not worry about reporting the injury, clocking out, or telling your employer where you will be at this time. Your top priority should always be your own health and safety.
  2. Once you are no longer in danger, your next priority should be to report the injury to your employer. If you wait too long, you can be denied, so it is important to report the injury as soon as you are able to. Even if it does not invalidate your case, delaying the initial report may hurt your chances of having your case accepted. A delayed report may make it look like reporting it was an afterthought, which makes the injury seem less severe than it is.
  3. After you have reported the injury, you are done. At that point, your employer is legally obligated to file an injury report and begin the process of applying for workers’ comp. No further action is required of the injured individual. Your employer may, however, need you to sign some paperwork. You should listen to your employer’s instructions and follow them carefully, as the specific paperwork requirement will vary from one state to the next. You should hear if your case was accepted within a week or two. If you do not trust your employer to fulfill his or her legal obligation, you should immediately speak with a Hauppauge workers comp attorney.

 

Thanks to Polsky, Shouldice & Rosen, P.C. for their insight into workers compensation and reporting the injury in a timely manner.