As with the answer to most legal question, it depends. Typically, your employer will not forward your workers’ compensation claim to its insurance company until you have been unable to earn full wages for five days, due to an on-the-job injury. However, once those five days have passed, then your employer has seven days to report the situation to its insurance company. These seven days do not include holidays or Sundays. Once the insurance company receives notice of the injury, it then has 14 days to send your first check or deny the claim. If the claim is denied, then the insurance company must state why.
There are differing timelines, depending on the type of accident in which you were injured. For example, if you are filing a claim with the Department of Industrial Accidents, then you must wait 30 days from the date of your disability before doing so. Therefore, it is always imperative to double check the timelines to make sure you are filing your claim in a timely, but not premature, fashion.
It is understandable that you would want you workers’ compensation benefits as quickly as possible. Nonetheless, rushing to file a claim could result in errors and, potentially, a denial. Therefore, it might be best to seek the assistance of a legal professional who has experience filing claims so that you can ensure yours is filed properly, giving it the best chance of success.
If your workers’ compensation claim is denied, you might be disheartened or angry. But, rest assured that the process does not end there. In fact, you can challenge a denial in an attempt to get the compensation you deserve. An attorney will know how best to challenge a denial, giving you the representation and legal voice you need in a fiercely adversarial system.
Source: Mass.gov, “Injured Workers’ Frequently Asked Questions,” accessed on Aug. 24, 2014
Source: Mass.gov, “Injured Workers’ Frequently Asked Questions,” accessed on Aug. 24, 2014
