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Injuries at the workplace depend on the nature of work and ye work environment. When such incidents occur, it can be quite confusing for the employee to report the injury. In some cases, an employee might wait a little longer to see if it will get better. However, you might not have time to fill the workers’ compensation claim because it also comes with its limitation. So if you are undecided on what to do after the injury, this article will be resourceful.
Reporting the injury to your employer
Issuing a report to your employer is where the process starts. However, different states have a code of conduct on how you should present your report. Some allow you to inform your employer directly over the incident, while others require you to fill the workers’ compensation claim. It is important to understand such parameters because you might be denied your claim if you fail to adhere to the provided guidelines. Therefore, the employee should notify the employer once an injury occurs, citing how it occurred, type of injury, date, and time. The employers on the receiving end should also give the employee proper guidance and paperwork that corresponds to the state’s requirements. He should further file the claim with the insurance providers.
How Long Do You Have to File a Claim for a Workplace Injury?
Time is a factor when filing a claim for a workplace injury. In most cases, both parties, the employee and the employer, have to act as per the set guidelines to ensure the process is successful.
a) Employee
An employee is advised to act promptly when the incident occurs. It is advisable to report as soon as possible to your employer irrespective of your state. You can also check the deadlines from your respective states. For instance, in Florida and California, the employee is given a maximum of 30 days to present the report. Lowa gives up to 90 days, while you have barely 10 days to do so in other areas like Colorado. The difference between the time provided in various states is calculated based on the employee’s knowledge of the injury, which the doctor might ascertain if the injury was sustained at the workplace. Some injuries develop gradually, making it hard to determine the first tie the employee sustained the injury. So irrespective of the duration you will take to determine the nature of the injury, most states are keen on their deadlines, and you might lose some benefits if you are late.
b) Employers
Employers should also act when they receive the reports. Their work mainly involves providing proper reporting forms, information on the benefits and the employee’s rights cited in the workers’ compensation claim, and the time the employee is expected to return to work. It is recommended that the employer make a further report as soon as possible when he is informed. Most states require the employer to do so within 24 hours. The forms should have all the relevant details such as medical treatment, details on the incident, and the scene where it occurred. The employer should submit forms to the insurer within the provided timeline. The insurance provider will check the documents and notify both parties of the status of their claim. The process depends on when the claim is filed; some take the shortest time possible, while others might even expand up to one year.
When such incidents occur it is important to do adequate research. Read various publications or visit reputable sites like potts-law.com to learn more about workers’ compensation claims.
