When you are injured on the job, it is important to know how your injury claim will move forward and what you need to do at the outset to initiate it.
When you suffer a severe workplace injury, you will need immediate medical care.You may be hospitalized for some time.Or you may suffer a less serious injury but still require timely medical care.In order to begin your injury claim for worker’s compensation benefits, written notice of the accident that caused your injury must be provided within four days to your employer or your supervisor.
After your employer receives written notice of your injury, the timeline rolls out like this:
Your employer must report your injury to their insurance carrier within 10 days.
Within 20 days, the insurance carrier must provide written notice on cases that involve serious injury, illness, or death.
If your claim is denied, you will receive a Notice of Contest.You have 45 days from the date it is mailed to file an application for a hearing on the matter.
When an injury claim for eligible benefits is denied, it can take months to gain the benefits to which you are entitled.At this point, it is a good idea to speak with an attorney about your circumstances and your injury.An experienced workers comp attorney will understand why your claim was denied and the time limitations involved as you move through the appeals process.
What if Notice of Injury is Delayed?
The four-day time limit for notifying your employer is important.After that time, you can be penalized for late notice, or your workers’ comp claim could be denied altogether.Sometimes though, it isn’t possible to give notice—you could be so seriously injured that the window for notice passes.
If notice is not provided within that time, the absolute window for filing a claim for benefits under workers’ compensation is within two years of the injury or after death that results from the injury.
Even then, there are certain circumstances when an injury claim may still be filed.In cases where toxic exposure occurred in the workplace, an employee may not know they are injured, or may yet suffer a work-related illness.For some workers, exposure to asbestos can cause serious illness like asbestosis or mesothelioma.The Colorado Workers’ Compensation Act provides a time limit for notice of five years after the disability or death of someone exposed to radioactive and other materials.Illnesses with delayed onset after exposure may not result in symptoms until after the four-day, or even two-year, time limit has passed.
When you suffer a severe workplace injury, it is a good idea to speak with a workers’ comp attorney at the outset.While you focus on healing, your attorney can ensure notice dates are met to ensure your best chance of you receiving the benefits for which you are eligible.
Speak with an Experienced Workers’ Comp Attorney in Adams County
If you are injured in the workplace, the Law Office of John A. Anderson, Jr., LLC delivers skilled, knowledgeable legal service to achieve compensation on your behalf.Whether you live in Brighton, Commerce City, or Thorton, we offer trusted legal care you can count on.Contact us or call (303) 880-7994 today.