Part 1: The Workers' Compensation Process
- How do I know if I Have a Workers' Compensation Claim?
- How Do I File a Workers' Compensation Claim?
- Is There a Time Limit for Filing My Claim?
- What Benefits Am I Entitled To?
- Independent Medical Examinations
- The Hearing Process
- After the Hearing – Decisions, Payments and Appeals
- Finalization of a Workers' Compensation Claim
- Attorneys' Fees
Part 2: Special Issues In Workers' Compensation
IS THERE A TIME LIMIT FOR FILING MY CLAIM?
A Workers' Compensation claim for an accidental injury must be filed within two (2) years of the date of the accident. When the claim is for an occupational disease, it must be filed within two years from the date the employee knew, or should have known, that the condition was work related. As was discussed on page 3, an employee has thirty (30) days to give his or her employer notice of an injury. The notice requirement is flexible assuming that the employer is given an adequate opportunity to investigate the circumstances of the claim. The two-year statute of limitations for filing a claim with the Workers' Compensation Board is not flexible. There are certain exceptions to the filing rule, but it is always recommended that you file a claim as soon as possible.
A claim for work related hearing loss should not be filed until at least ninety (90) days after the employee has removed himself or herself from the noise exposure. This is generally ninety days after retirement. If a person receiving Workers' Compensation benefits dies as a result of the work related condition, the survivors, or estate, may have a separate claim for death benefits. Death claims require additional forms that must be filed within two (2) years of the date of death. Death claims are discussed in greater detail on page 19.