What Is the Time Frame in Which You Can File a Work Accident Claim?

Prudent safety measures can help prevent accidents.

Most companies take safety seriously by providing training and safe work environments for their employees. In spite of preventative and precautionary measures, accidents do happen. When mishaps occur, both the employee and the employer are obligated to document the accident. If you sustain an injury on the job, the most important thing to remember is to alert your manager and file an injury report. Most states have record requirements that your employer must follow.

Workers' Compensation

Every state requires employers to obtain workers' compensation coverage. The program was designed as a no-fault type of insurance vehicle, offering protection to both the employee and the company. State regulations define thresholds for coverage, reporting procedures and compensation. Communication is important. Employers must post information regarding the insurance and medical care in an area visible to all personnel.

Employer Filing Obligations

Policies vary from state to state. Tennessee law mandates that employers file a First Report of Work Injury with the insurance carrier within one day of notification by the employee. In California, the Division of Occupational Health directs employers to report serious injuries immediately or within an eight-hour window. Seven days is the time frame for filing the Employers First Report of Injury in Massachusetts. Most company policies state that employees, or their manager, should file work accident reports immediately. Typically, managers are responsible for notifying human resources of employee injuries and investigating how the accident occurred.

Employee Responsibilities and Disability Coverage

The deadline for an employee's workers' compensation claim may also vary by state. In Florida, a claim faces the possibility of rejection if 30 days have lapsed before submission. Disability compensation under the state law does not begin until after seven days. Illinois regulations recommend employees immediately report an accident to their employer. Under the law, however, employees actually have a 45-day window. The compensation waiting periods is three days. Reimbursement for the waiting period may occur if the employee is unable to return to work after 14 days.

Employee Rights

When an injury happens in the workplace, you are entitled to care and benefits. Report the illness or accident to your manager and then seek medical attention. Often, your employer will recommend a doctor or emergency care facility. Maintain a copy of the medical reports. Check in with your employer to gain assurance that they have filed the applicable documentation with the workers' compensation board in your state. If need be, you may file the claim. There may be a waiting period; however, you can expect some compensation while you are unable to work. Maintain accurate records of lost time, medical records and insurance wage compensation during your recovery. If you cannot return to your regular position due to the injury, most employers will find a suitable job for you within the company. Your doctor might recommend light duty until you recover completely.

References

• Adoption Lawyers: Filing a Work Related Accident Claim
• Tennessee Government: Frequently Asked Questions - Workers' Compensation
• State Compensation Insurance Fund: Cal/OSHA Recordkeeping and Reporting
• Free Advice: Massachusetts Workers' Compensation Claims
• Florida Department of Financial Services: Division of Workers' Compensation
• Law Offices of Muelhausen & Stanfani: Illinois Workers' Compensation