How Long Do I Have to File a Workers’ Comp Claim
While you legally have two years to file a workers’ comp claim in Indiana, the truth is that you must report the injury as soon as possible to ensure you remain eligible for maximum benefits.
What Are the Filing Time Limits for Indiana Workers’ Compensation?
The two-year statute of limitations for filing a workers’ comp claim in Indiana begins from the date of the injury or accident.
However, some exceptions apply to this rule, such as occupational diseases or injuries that develop over time. In these cases, the two-year period may begin from the date you were first diagnosed with the condition or became aware that your work activities contributed to your injury.
So, what does this mean for injured employees?
Ultimately, it means there is no time to delay getting medical treatment for your injury and reporting it to your employer. Any delays can result in missed benefits and potential legal complications.
How Do I Report An Injury To My Employer?
Failing to follow the right steps for claiming benefits can result in diminished or denied claims. The most critical steps are verbally reporting the injury to your employer AND obtaining written documentation that they have been notified.
Other steps in the process of obtaining workers’ comp in Indiana include:
- Seeking medical treatment as soon as possible for your injury
- Obtaining written documentation from the treating physician stating that the injury is work-related
- Keeping records of all medical bills and expenses related to your injury
- Contacting an experienced workers’ compensation lawyer
Following these steps can help you receive the maximum benefits for potential lost wages and medical expenses. Following these protocols also protects your rights as an employee and ensures that you are treated fairly throughout the process.
What Accident Injuries Qualify For Workers’ Comp Claims in Indiana?
Accidents and injuries that may qualify for workers’ comp often include:
- Slip and fall accidents
- Repetitive strain injuries
- Exposure to hazardous materials
- Machine malfunctions
- Motor vehicle accidents while on the job
Qualifying injuries eligible within the two-year filing period also include emotional or mental conditions caused by workplace environments or incidents. For example, if you develop depression or anxiety due to a traumatic event at work, you may be able to receive workers’ compensation benefits.
However, injuries that occur when an employee is under the influence of drugs or alcohol, self-inflicted injuries, or injuries resulting from horseplay are not typically covered by workers’ comp.
Additionally, injuries that occur during the employee’s commute to and from work are not typically covered unless they were performing job-related tasks at the time of the accident.
Contacting an employment rights law firm is the best way to understand whether your injuries qualify and if you still have time to file a claim for lost wages or medical expenses.
Obstacles To Receiving Workers’ Compensation in Indiana
Filing within the two-year statute of limitations isn’t the only potential obstacle injured employees face when seeking benefits. Other challenges often include:
- Denial of the injury as work-related by your employer or the insurance company
- Insufficient medical documentation to support your claim
- Issues with obtaining necessary medical treatment
- Delays in receiving benefits
- Unscrupulous insurance company tactics
Many of these obstacles can unintentionally force employees to miss the critical 30-day deadline for filing claims in addition to the two-year statute. Having experienced legal support can help you overcome these challenges and recover the compensation you deserve.
Why Do I Need A Workers’ Compensation Attorney In Indiana?
Having an experienced workers’ compensation attorney by your side can significantly increase your chances of receiving fair and full benefits by:
- Ensuring you meet all filing deadlines and requirements
- Gathering necessary evidence and documentation to support your claim
- Negotiating with the insurance company on your behalf
- Representing you in hearings or court proceedings if needed
- Providing guidance on navigating complex legal processes
Workers’ Compensation attorneys can also help protect your rights during the process. For example, you have the right to seek a second opinion after an employer chosen doctor makes a medical assessment of your injuries.
Furthermore, having peace of mind during a difficult and stressful time is invaluable to your recovery process. Hiring a workers’ compensation attorney allows you to focus on your recovery while they handle the legal aspects of your case.
How Long Do I Have To File A Workers’ Comp Claim FAQs
When is the best time to report a work-related injury?
It is best to report a work-related injury as soon as possible. Most employers have a specific timeline for reporting injuries, and it’s important to follow it in order to ensure that your claim is not denied due to failure to report in a timely manner.
Can I be fired for filing a workers’ compensation claim?
No, it is illegal for an employer to retaliate against an employee for filing a workers’ compensation claim. If you believe you are being mistreated or discriminated against because of your injury or claim, an attorney can help protect your rights.
What if my workers’ compensation claim is denied?
You can appeal the decision if your workers’ compensation claim is denied. This process can be complex, and seeking legal assistance is recommended to ensure that all necessary steps are taken to present a strong case for appeal.
How long do I have to file a workers’ compensation claim?
In Indiana, the statute of limitations for filing a workers’ compensation claim is two years from the date of injury. However, it’s important to file as soon as possible to avoid potential complications or delays in receiving benefits.
Klezmer Maudlin | Experienced Indiana Workers’ Compensation Attorneys Ready To Fight For Your Rights
Don’t wait to file a workers’ compensation claim, contact Klezmer Maudlin for experienced Indiana workers’ compensation lawyers who can help you understand your legal rights and fight for the benefits you deserve.
Schedule a free case evaluation online or at (317) 569-9644 to learn more about how we can help you navigate the workers’ compensation process in Indiana.