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Is there a limit to how many times you make a claim?

On Behalf of | Dec 7, 2020 | Blog, Workers' Compensation

To be eligible for worker’s compensation benefits in New Jersey, you need to file a complaint within a specified period. An attorney may explain the laws in your state regarding the federal worker’s compensation program to learn more about the deadlines for filing a claim or reporting an injury to an employer. It is advisable to file a claim within the shortest time possible.

Reporting the injury to an employer

If you get injured at the workplace, you should report the issue to your employer and explain why you got hurt. According to some state laws, such a problem should be reported within 10 to 90 days.

The time limit to file a claim

After reporting your illness or injury, you have to file a worker’s compensation claim. In some states, the employer is the one tasked with filing the claim. The deadline for filing the claim ranges from one to three years after an employee is injured. If your employer provided medical insurance before filing the claim, the period to file the claim would not start until you cease to be eligible for such benefits.

Instances whereby exceptions apply include:

  • The employee incurred severe injuries such as first-degree burns that required immediate and prolonged treatment.
  • The employee is in a comma.
  • The employee is quarantined because of a contagious illness.

Cumulative trauma or occupational disease

If an employee suffers from cumulative trauma or an occupational disease, the period to file the workers’ compensation claim stretches out. The state law requires each employee to report the issue and come up with a detailed report regarding when they first learned about their condition.

If the workplace injury is moderate or mild, you should not hesitate to file a claim as an employee. When your condition starts to improve after filing a claim, the claim will be closed. Nonetheless, you should make sure you have filed the claim within the specified period. An attorney may help ensure that you meet the deadline and fill out all paperwork correctly.