Can Your Workers’ Compensation Claim Be Denied if It’s Not Reported in a Timely Manner?

Workers Compensation Attorneys

Your employer is responsible for carrying workers’ compensation insurance to manage work-related injuries. That doesn’t mean you can just claim any injury happened at work and expect your employer to pay for your medical bills. When you are injured at work, you must follow the rules of your state’s workers’ comp program to receive benefits.

Report the Injury

Your state law determines how quickly your employer must be notified about an injury. For example, in Colorado, you must notify your employer in writing within four days of the injury. Don’t wait to tell your employer that you were injured at work. It’s a good idea to send a follow-up by email if you tell them verbally. Your claim can be denied if you do not report your injury in a timely manner.

File a Claim

Although you can usually receive medical benefits from workers’ comp without actually filing a claim, you should be prepared to file a claim in a certain time frame. You may have 30 to 90 days to bring a claim to your employer’s workers’ comp insurance.  It’s important to know your responsibilities under your state’s rules. Your claim could be denied if you don’t file it quickly.

What About Injuries That Develop Over Time?

COPD or carpal tunnel syndrome aren’t injuries that immediately occur. You may not discover the condition and its connection to work until much later than the time limits. Once you know that you have a work-related condition, you should report it immediately. You will have to file a claim and wait for the insurance company to approve or deny it. Ideally, your claim will be approved. If it is denied, you may have to appeal.

If Your Claim Is Denied

If the workers’ comp insurance company denies your claim, you can appeal. Even if you missed the filing deadlines and your claim was denied, you are not without recourse. Some states have rules that excuse late reporting up to a point or under certain circumstances. Your employer is required to post a notice about workers’ comp rules at your place of employment. If this notice wasn’t posted, you may have a reason that could win on appeal.

You can contact a workers’ comp lawyer in your state to talk to discuss your legal options and to learn more about the rules in your state. Don’t let your workers’ comp denial leave you discouraged. Talk to workers compensation attorneys in the Bronx to determine what is the next step for your situation.

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