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| *Ostroff, Fair and Company>>>Law & Legal |
How long do I have to file a workers comp claim? |
I DID NOT SAY I WAS HURT ON THE JOB. NOW THAT I REALIZE THAT MY WORK CONTRIBUTED TO MY INJURY I WOULD LIKE TO FILE A CLAIM. I DONT KNOW MUCH ABOUT WORKERS COMP, THIS HAS NEVER HAPPENED TO ME. The statute of limitations is different in each state, but a general rule of thumb is two years. However, if you are close to being within your two years - you can start the process and then "dismiss with prejudice" (I believe that's the correct terminology) to extend your timeframe. You don't say that you are still working there - and if you aren't, it's going to be very hard for you to get the information you need to file and that much harder to prove. Any decent WC insurance carrier atty is going to question why you didn't initially report and actively work to discredit you and your motives for applying now, so understanding this is critical to knowing what you are up against. How do you know you were hurt on the job and that your work contributed to your injury? Is this a doctor's medical opinion or is it yours? If it's medical, do you have documentation from the doctor? Thats step one... The easist (and sometimes most difficult) way to file if you are no longer employed is to contact an attorney who specializes in WC. Most will not charge you up front, but they will take 20% of whatever your settlement amount is. They will contact the employer, subpeona information on your employee file and request the information of the insurance provider. The employer will also send the notice from the attorney to their insurance company and then MOST of the communication happens between your attorney and the insurance company directly and you don't have to worry about being in contact with the employer yourself. |
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