YOUR INJURY CLAIM AND HOW TO PURSUE IT

There are certain procedures that must be followed when filing a Workers’ Compensation claim. The majority of clients that appear in our office have never filed a Workers’ Compensation claim and are not familiar with the various time constraints and procedural deadlines. This article will explore your claim and how to pursue it.

Work related injuries include traumatic incidents, such as slip and falls, lifting injuries, machine or tool related injuries, and motor vehicle accidents which arise out of employment related activities. Also included is on the job exposures to harmful noise, chemicals, dust, toxic substances and repetitive stress injuries (ie., carpal tunnel syndrome). The latter is known as an occupational disease claim. The Workers’ Compensation Law recognizes heart attacks as a compensable claim if it is due to strenuous work activity and/or external stress on the job. We find that most workers are unaware that these types of claims are covered under the Workers’ Compensation Law.

If the worker has any doubt as to whether they have an accident covered by the Workers’ Compensation Law, they should file a claim immediately in order to protect their rights. Submitting a C-3 form constitutes filing a claim. There are certain procedures and time limitations that must be followed under the Workers’ Compensation Law.

If the claim is not filed timely, you may be precluded from filing a claim due to the statute of limitations. You have two (2) years from the date of most accidents to file a claim with the Workers’ Compensation Board.

Failure to file a claim within two (2) years, under most circumstances, can preclude the claim entirely. If you are filing an occupational disease claim or repetitive use injury you must file no later than two (2) years from the date you knew or should have known your condition was related to work. The statute of limitations will stop running with the filing of a C-3 form with the Workers’ Compensation Board.

There is also a provision that notice of the accident must be given to your employer within thirty (30) days of the incident. Notice can be given to your supervisor or employer orally or in writing. The notice must include the site of injury and how the accident occurred.

We find that many compensation claims are controverted by the employers’ insurance company or self-insured employer for failure to provide notice within thirty (30) days. Notice is required for purposes of providing the employer and/or insurance carrier an opportunity to investigate the claim. If you think you have suffered an accident covered by the Workers’ Compensation Law, remember to provide the required notice to your employer. Failure to do so can be detrimental to your claim. Notice can be given either orally or in writing. Written notice would be preferable.

It is also important to give your treating physician or chiropractor a complete and detailed explanation of your accident. Frequently we encounter situations where an improper or vague history is given to the physician or chiropractor. The failure to give a proper history creates additional problems for you and your attorney. Be specific when advising your doctor of how your accident occurred.

While the procedures outlined in this article should be followed, this does not automatically mean your claim will be accepted by the insurance carrier. In future articles, we will discuss controverted claims as well as the benefits afforded under the Law.