Even if your employer knows about the injury, you could lose all rights to further compensation if you do not tell your employer in writing that you expect workers compensation benefits for your injury. An accident report filed with the Division of Workers Compensation is not a written claim. Written claim must be filed with the employer within 200 days of the date of accident or date of last payment of compensation for disability or date of last authorized medical care. You may take the written claim to the employer and obtain a receipt for it or you can mail it to the employer by certified mail, return receipt requested. You can not obtain a hearing before an administrative law judge unless you meet the following deadlines: filing an application for hearing within 3 years of the date of accident or within 2 years of the last payment of compensation, whichever is later.
This article is intended to be helpful and informative. But even common legal matters can become complex and stressful. A qualified workers’ compensation lawyer can address your particular legal needs, explain the law, and represent you in court. Take the first step now and contact an attorney in your area from our directory to discuss your specific legal situation.