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How Long Do I Have To File A Workers' Compensation Claim?

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When you are injured while on the job, all you need to do is file a compensation claim and everything will be taken care of. It seems simple enough, but there are a few technicalities that could prevent your claim from being approved.

Timing is one of the most important of these complications. Unless everything you're supposed to do is done in good time, you could find yourself time-barred. How much time do you have to file your compensation insurance claim?

Providing Notice of Injury

Before you jump the gun and start thinking about filing a compensation claim, you should have provided your employer with a 'notice of injury' first. You or someone who represents you is required to give your employer or someone representing them a notice of injury. This notice should be given as early as possible following the injury.

The time limit for giving a 'notice of injury' is 30 days following the accident that led to the injury or death. You can easily be denied your workers' compensation claim if you fail to notify your employer of the injury in a proper and timely manner.

Filing the Compensation Claim

There are various statutes of limitations with regards to the time within which the compensation claim needs to be filed. The specific circumstances of the case are what determine the amount of time you have. If your employer has provided you with income and medical benefits, this will also affect the length of time.

In case your employer hasn't provided you with any medical or income benefits, you will probably have one year within which to file the claim. That means one year from the date of the injury.

How Is the Compensation Claim Filed?

The compensation claim is filed to The State Board of Workers' Compensation. You'll be required to deliver a "Notice of Claim/Request for Hearing" to this body. The notice will have to be filed:

  • Less than a year after the last remedial treatment was provided by your employer; or

  • Within 2 years of the last weekly income benefits payment; or

  • Within a year of the injury

If the timing of your claim falls outside the statute of limitations, you will not be entitled to your claim. The likely result in such a scenario is that your claim will not even be considered and will likely be dismissed. Therefore, ensure everything is done in good time.