Filing A Workers Compensation Claim: 3 Facts You Need To Know

14 January 2015
 Categories: Law, Blog


If you were recently injured on the job, you may be entitled to workers compensation benefits. Unfortunately, if you are like far too many workers, you may find yourself hesitating to file a workers comp claim due to a failure to understanding how these benefits work. That is why it is so important for you to review the three facts outlined below before making the decision of whether or not to file a workers compensation claim.

Fact: You Can File A Workers Compensation Claim Even If You Did Not Immediately Report Your Injuries

Employers routinely lead workers to believe that a failure to immediately report any work related injuries will result in their inability to file a workers compensation claim. However, the truth is, there is no law which requires you to immediately report an accident. In fact, the law recognizes that not all injuries will present themselves immediately. Consequently, the law only requires that you report your injuries within a reasonable amount of time. Depending upon the facts in your case, a reasonable amount of time may be defined as little as a few days or as long as a few weeks.

If your employer has indicated that it is too late to file a workers comp claim, do not allow this assertion to prevent you from filing a claim. In the event that your direct supervisor refuses to take your accident report, simply continue up the chain of command until you find a supervisor who is willing to process the claim. If your direct supervisor is the owner or CEO of the company, you will need to hire a workers compensation lawyer to help you file your claim with the insurance company or court.

Fact: You Cannot Be Fired For Claiming Workers Compensation Benefits

It can be difficult to file a claim against the employer that you intend to work for once your injuries are healed. However, you should know that the law protects you against retaliation when filing these claims. This means that your employer will be committing a crime if they attempt to terminate or demote you solely based on your decision to file a workers compensation claim. In the event that you do experience this problem, consulting a workers compensation attorney may allow you to have your job reinstated or help you to collect additional compensation as a result of this injustice.

Fact: You Don't Need Money To Hire A Workers Compensation Attorney

If you have determined that the services of a workers compensation attorney will be necessary in your case, you may be worried about your ability to pay for these legal services. However, the fact is, nearly all workers compensation attorneys will work on a contingency basis. This means that rather than paying any money upfront for these services, you will simply be required to pay a portion of any settlement you receive in order to cover your legal fees. For more information, contact Dunnigan & Messier P.C. or a similar firm.