How Long Do I Have After an Accident to File a Workers Comp Claim?
May 20, 2019 | Worker's Compensation
After a work accident, the best thing you can do is immediately report the accident to your employer and file a worker’s comp claim. However, this isn’t always feasible, for some reason or another, but fortunately, in some states, employees have up to 30 days after an accident to report an incident. If you don’t know how long you have after an accident to file a workers comp claim in your state, or whether you are eligible to file a claim, an experienced lawyer can determine your eligibility and assist you with filing a compelling worker comp claim to recover the most damages.
Workers Comp Statute of Limitations
The amount of time that you have to file a worker’s comp claim varies from state to state. In Kansas, employees have 200 days from the date of an accident to file a claim, while in other states, time frames vary between 1-4 years from the date of the accident. If a worker’s comp claim is filed after a state’s time frame for worker’s compensation claims, depending on the state’s laws, the employee is either required to forfeit their right to recover benefits or is eligible to appeal their case with the help of a Workers Compensation Lawyer.
What If I Miss My State’s Deadline for Filing a Workers Comp Claim?
Worker’s compensation laws vary for states in the U.S., but typically, if a worker’s comp victim has an acceptable reason for missing their state’s deadline for filing a worker’s compensation claim, their case is eligible for appeal. An appeal should be filed with assistance from an experienced lawyer and should include evidence that supports the victim’s eligibility to recover compensation for their workplace accident injuries.
A workers compensation claim generally includes the following types of evidence:
- Pictures of the scene of the accident
- A copy of the medical report for your workplace injuries
- Proof that you were on the clock at the time of the accident (time card, photo of time report)
- Witness reports from the other coworkers or supervisors that saw the accident happen
It can be challenging to obtain some types of evidence but hiring a lawyer to represent your case assists with gathering evidence from the accident. A lawyer has the resources needed to obtain even the hardest to get information and can use it to create the strongest claim possible for your worker’s compensation accident.
What Damages Can I Recover By Filing a Workers Comp Claim?
If you are injured at work, the type of damages that you are eligible to recover depends on your state’s worker’s compensation laws. In some states, employees are only eligible to recover compensation for medical care, but in others, a valid workers comp claim covers lost wages, survivor benefits for the family members of victims killed in workplace accidents, compensation for permanent disabilities that occurred because of the accident, and retraining costs.
Chances are, you might be thinking, “how does a workers comp claim differ from a personal injury claim?” A worker’s comp claim doesn’t cover benefits such as pain and suffering, loss of affection, and other non-economic damages that occurred because of the employee’s injuries like a personal injury claim does. If you choose to file a worker’s compensation claim for your workplace injuries, it’s essential to keep in mind that by doing so, you forfeit the right to sue your employer and file a personal injury claim to recover damages.
Talk to a Workers Compensation Lawyer Today
Worker’s comp accidents are stressful and can have lasting effects on a person’s quality of life. If you have been injured or someone you love has been killed in a workplace accident, it’s crucial to hire a Workers Compensation Lawyer to represent your case and discuss the different options that might be available to you for recovering compensation.
Christopher Dixon and the Workers Compensation Lawyers at the Dixon Injury Firm are committed to protecting the rights of injury victims and fighting for the most damages for their harm and losses. Chris Dixon’s efforts have repeatedly earned the status of “Top 100 Trial Lawyer” by the National Trial Lawyers Association, and have recovered more than $35,000,000 in injury settlements.
If you are ready to see how the Dixon Injury Firm can help with your worker’s compensation claim, call (314) 208-2808, or contact the Dixon Injury Firm today to schedule a free consultation and discuss your case with our experienced Workers Compensation Lawyers.