On Your Side After An Injury

4 things to know if you’re making a workers’ comp claim

On Behalf of | Jan 29, 2024 | Workplace Injuries

Were you injured or developed an illness while working? Then you may be eligible for workers’ compensation benefits, which can help cover medical bills and lost wages. 

Before you make a claim, here are a few things you should know:

File a claim within the statute of limitations

An employee must report their workplace injury or illness to their employer within 30 days. A claim can be made within 2 years. Making a claim well before the statute of limitations can help guarantee workers’ comp benefits.

Gather evidence of your injury or illness

It’s important to get medical attention after suffering from a workplace injury. If you don’t get a medical report, then it may seem as though an injury was not serious. As a result, a claim could be denied. An employer may also request that you get a medical report from a verified workers’ comp doctor.

A claim could be denied if it happens outside of work

Workers’ comp claims can only be made if an injury or illness developed while an employee was working. For example, a construction worker who suffered injuries after scaffolding collapsed would likely be eligible for benefits. However, a construction worker who was driving to work and suffered injuries in an auto accident would not likely get workers’ comp benefits – unless the employee was driving for work, such as transporting materials. 

Intentional or pre-existing injuries are not applicable for benefits

Workers’ comp is a no-fault system. In other words, injured employees could benefit from workers’ comp if their injuries developed because of a co-worker’s or employer’s negligence or the injured employee was responsible for their injuries. 

However, if the injuries were self-induced with the purpose of benefiting from workers’ comp, then the employee may not be eligible for benefits. Likewise, pre-existing illnesses or injuries will not make an employee eligible for workers’ comp. 

Making a workers’ compensation claim can be frustrating. If you face any difficulties, then it may benefit you to reach out for legal help.