Do I have to file a workers' compensation claim within a specific period of time?
For all workers’ comp claims, including those that develop over time, you should report an injury or illness as soon as possible after discovery to avoid your claim being denied. The time you have to report a claim varies by state, but it is probably 30 days or less.
Workers Comp Statute of Limitations
Depending on the state, the time will start running from the date of the accident, the date of the last medical treatment or the date of the last payment of benefits. In latent disease cases, such as those involving lung cancer, mesothelioma or toxic exposure, the time may start running from the date of the last exposure, date of appearance of the disease or date that the disease was found on a test, such as a chest x-ray, MRI or CT scan. In other cases, the time starts running from the date of reasonable discovery of the illness. In any case, notify your employer via certified mail, maintain records, and ensure you have recorded every detail about the event's occurrence that you can possibly recall. It will help you in making your case before a workers comp board, if necessary.
Getting Legal Help
To get help with your workers compensation claim, consult with a workers compensation attorney as soon as possible. If you are concerned the deadline for filing your claim has passed, then all the more reason to check with a qualified attorney in order to ensure that your rights are protected as best as they can.