Timing Is Everything
While you should always be worried about getting through the treatment and recovery of an injury at work, don’t delay too long on filing the claim. There is an actual “statute of limitations” on when a workers comp claim can still be legally valid and recognized, and the time limit is 30 days. This, however, applies only to you, as the injured party.
You must ensure that sometime within the 30 days that you are injured you have filed your claim and have it on record that the claim is made. If you wait three months before filing a claim, for example, then both your company and the insurance carrier have every legal right to not process that claim.
Of course, it may take longer than 30 days for a claim to be processed, but as long as you have your claim entered “into the system,” the rest is up to your company and insurance carrier. They may even give themselves an extension of more time to consider a claim.
Make Sure The Insurance Company Knows
Another thing that you need to be sure of is that the insurance carrier that handles workers comp for your company is actually aware of the filing. Under normal circumstances, once you file for workers comp with your company, your company then passes that claim onto the insurance carriers to process, consider, and approve or deny. Legally, it is the insurance carrier that has the authority to honor or deny a claim, not your company.
So if your company tells you that they are denying the claim, and not even passing the claim onto the insurance carriers, this is illegal. If you suspect that your claim hasn’t been properly passed along the chain of command, then make sure you know who your carrier is. Then get in touch with the carrier yourself and to confirm or deny whether they have the claim. Everything should be documented and accessible. If your company is doing everything through word of mouth, with no official documentation, then something is wrong.
Get The Right Help
If you think that something suspicious is going on with your workers comp filing, or if it was denied in a way that doesn’t seem “above board,” then now is the time to make sure. Talk to an experienced workers comp lawyer to find whether you need to take things to the next level and fight for your workers compensations claim.