Workers’ Compensation is a vital part of the workplace. It provides an economic safety net for employees who have suffered injuries in the workplace and need time off from work to heal. While this is especially helpful to people with catastrophic injuries that won’t be healed any time soon, there are many benefits to filing workers’ compensation claims quickly.ad dot Delayed Workers’ Comp Claim
The dangers of delayed workers’ comp claims
When filing a workers’ compensation claim, timing is everything. The longer you wait to file a claim, the more difficult it becomes to get the benefits you deserve. Sometimes, delayed workers’ comp claims can even be denied entirely.
You might be tempted to delay filing a workers’ compensation claim for several reasons. Maybe you’re hoping your injury will heal on its own, and you won’t need to miss any time from work. Or perhaps you’re worried about how filing a claim will affect your job security.
Whatever the reason, it’s important to understand the potential dangers of a delayed workers’ comp claim. Here are just a few of the risks you face by putting off this important process:
- Your injuries could worsen
The longer you wait to seek treatment for your injuries, the worse they could become. In some cases, delayed treatment can even lead to permanent damage. By getting prompt medical care, you can ensure that your injuries are properly diagnosed and treated before they have a chance to worsen.
- Your claim could be denied
Most states have a deadline for filing workers’ compensation claims. If you miss this deadline, your claim will be denied. Even if you have a good excuse for filing past the deadline, it may not matter. Denied claims are difficult to overturn, even if the injured worker filed on time.
- You could lose your job or be fired
If you work as an at-will employee, your employer can fire you anytime without providing a reason. When filing a workers’ compensation claim, however, employers must give employees a “temporary total disability” designation that prevents them from being terminated for up to six months. If you allow your injury to get worse by delaying treatment and filing a complaint after the deadline has passed, you could face unemployment or termination from your employer.
- Your benefits may be reduced
Your employer’s workers’ compensation insurance carrier may try to reduce your benefits if you fail to file a notice of claim within the deadline. If they win the case, you could be forced to pay back any benefits paid to you in error.
- You may have a harder time getting approved for Social Security Disability Benefits
Suppose you are eligible for Social Security disability benefits (SSDI). In that case, it is more difficult to get approved for these if you have received workers’ compensation benefits for injuries on your job. However, if your injuries are severe enough to prevent you from working, then applying for SSDI may allow you to receive both types of benefits simultaneously until one or the other runs out.
How to file a workers’ comp claim?
You may wonder how to file a claim for workers’ compensation benefits if you have been injured at work. The process can seem daunting, but it is important to remember that you are not alone. There are many resources available to help you through the process.
The first step is to notify your employer of your injury. This can be done verbally or in writing, but it is important to do it as soon as possible. Your employer will then have the opportunity to file a report with their insurance company.
Once your employer has reported the injury, you must visit a doctor or medical provider to document the injury and begin treatment. You will also need to complete a workers’ compensation claim form. This form can be obtained from your employer, the insurance company, or the state’s workers’ compensation office.
After you have completed the claim form, you will need to submit it to the insurance company along with any supporting documentation. The insurance company will then review the claim and determine whether they will approve benefits.
If your claim is approved, you will begin receiving benefits based on your injuries and lost wages. You have the right to appeal the decision if your claim is denied.
The benefits of early filing
A few key benefits to filing your workers’ compensation claims as soon as possible after an injury. For one, it can help ensure that you receive the full amount of benefits to which you’re entitled. It can also help avoid disputes about the extent of your injuries and whether your job caused them.
Additionally, filing early can help protect your job. In some states, you maybe barred from receiving any benefits if you don’t file a claim within a certain time frame. And in other states, your employer may be able to contest your claim if it’s filed too late.
So if you’ve been injured on the job, don’t delay filing a workers’ compensation claim. The sooner you do, the better off you’ll be.
Delaying the process of claiming workers’ Compensation might be perilous. It is possible that doing so will result in the loss of advantages, in addition to an increase in tension and worry. If you’ve been hurt on the job, you should first get medical treatment and then make a claim for workers’ compensation benefits as soon as possible.
If you are struggling with a delayed workers’ comp claim, visit us at the Law Office of Hollingsworth & Hollingsworth A P.C or call us at (619) 374-9320.