Workers’ compensation cases are difficult; they often pit you against your employer, even when it was an accident and no one was really at fault. On top of that, they are controlled by strict time constraints. When you’re injured at work, the first thing you should do is receive immediate medical care. The second thing you should do is contact a local, knowledgeable workers’ comp lawyer to discuss your options. Â Be sure to record the date, time, place, witnesses, and other important details surrounding the incident. It is of utmost importance you get in contact with a lawyer as soon as possible, and here are three reasons why:
1. Statute of Limitations
The statute of limitations determines the amount of time you have to file a workers comp claim. These differ by state and type of injury, so contact a local lawyer for the most specific information. You’ll want to contact a lawyer as early as possible to avoid to make sure you file your claim well in advance of this deadline. If you miss the statute of limitations, even the most skilled and successful lawyer will not be able to help your case.
2. Notice of Injury
There is a certain amount of time by which you must give your employer “notice of injury” as required by law. This deadline varies greatly by state and can be anywhere from a few days to two years, but is one month in most states. A local attorney will best most familiar with the laws in your state. You or your lawyer (referred to as the “claimant”) must notify the employer or employer’s lawyer in this timely and proper manner as determined by each state. Failure to do so will result in your claim denied. A local lawyer can assist you in giving your employer notice of injury.
If you delay filing the claim, you may risk it being denied by the insurance company. Even if your injury is honest and authentic, a significant time gap between the injury and the claim can raise a red flag for insurance companies. Insurance companies are strategic and will do whatever they can to give you the least compensation possible. If you receive an injury or illness that developed over time (examples include mesothelioma and carpal tunnel syndrome), get in touch with a lawyer as soon as you suspect that this illness could have developed from work-related duties. Not only can a skilled lawyer help you file your claim in a timely manner, they will know how to best deal with tricky insurance companies. They can best advocate for you and your case because they have negotiated with them many times before and are familiar with their techniques. This is only general information on workers’ compensation that can be applied in most states. It is important to remember that every state holds different laws and every case is different. Always consult with a local attorney for advice on a specific incident. The Hayes Firm can get you in touch with a lawyer today. We will find you the best workers’ comp attorney in your area, completely free of charge. Simply describe your situation using the online form to the right of this screen or by calling 1-800-603-6833 and we will review your case as soon as possible.