If you have been injured at work there are certain things you need to do. If you plan to file a workers’ compensation claim against your employer for your injuries, it needs to be done in a timely manner as there are time limitations on certain aspects of a workers’ compensation claim. For instance if you are hurt on the job you should inform your employer as soon as possible so it is documented. By law your employer must be notified of your injury or have knowledge of your injury within 90 days of it happening. It is always best for you and your employer if you tell them right away instead of waiting.
What Happens After I Report My Injury?
After your employer is notified of your injury they must fill out a first report of injury and then file it with the workers’ compensation commissioner. This report must be filed within four days of the employer having knowledge or notice of the employee’s injury. If your employer fails to do so, you will still have a workers’ compensation claim, but it might make it more difficult down the road when you need to know specifics about the date of injury. It’s recommended that you file the report, because it helps to give your claim a solid base. It will provide the exact date of injury, time the injury happened, where it happened, and how it happened. In addition, your employer will have signed it which proves the date that you informed your employer of your alleged injury.
What Are the Time Limitations After I Report My Injury?
If you are injured at work and have a workers’ compensation claim you generally have two years from the date that you were injured to file a petition against your employer, otherwise, you may be denied benefits and then your claim will be worthless. You may be given additional time to file a petition if you have received weekly workers’ compensation benefits. If you have received benefits, your time to file a petition may be extended up to three years from the date of the last weekly benefits check issued to you. However, we always recommend that you at least have an attorney review your case well within the 2 year time frame, because the risk of losing your case on a time limit is too great to even take a chance.
How Can I Make Sure to Protect My Case From Time Limitations?Handling a workers’ compensation claim on your own may be tiresome and confusing, because the laws can be so complex. If you or someone you know is suffering from a work related injury and has any questions or concerns Walker, Billingsley & Bair is here to help you. Our attorneys are dedicated to leveling the field between insurance companies and injured Iowans.
If you would like to learn more about your workers’ compensation claim you can request a copy of our Free book entitled “Iowa Workers’ Compensation, An Insider’s Guide to Work Injuries”. This book is available to you with no cost or obligation. To request your copy you can visit www.IowaWorkInjury.com or call 1-800-707-2552 ext. 811, 24 hours a day, 7 days a week.
Why offer a Free Book? For more than 12 years Iowa Injury Attorney Corey Walker has represented hundreds of Iowans injured at work. He has seen too many clients make mistakes before they had the “right” information resulting in them losing thousands of dollars. Corey J. L. Walker has helped hundreds of injured workers recover millions of dollars and he practices primarily in workers' compensation law.
Disclaimer: This article contains general statements; it is not intended as legal advice or legal opinions and does not create an attorney-client relationship. Do not act or rely upon the information in this article without seeking the advice of an attorney, because changes in the law occur frequently and you should consult with an attorney with respect to your particular case.