When an employee—whose business is covered by workers’ compensation insurance—is injured on the job, the employee can file a workers’ compensation claim. A workers’ comp claim is a request to receive benefits including payments to help with costs like medical bills, lost wages, and rehabilitation expenses.
Employers typically file workers’ compensation claims. However, the injured employee (as well as any witnesses to the accident) may also be asked to be involved in filing the claim.
Each state has different requirements for filing workers’ compensation forms. There are two significant deadlines in most states: first, the date to file the initial report of injury and second, the date to submit the workers’ compensation claim. The first report of injury form is typically due as soon as possible, and state timelines range from one day to three months from the date of injury. As for the time limits for filing the actual claim, dates can range from six months to years.
If an employee or employer does not agree with the insurance provider’s decision on a workers’ compensation claim, they can first reach out to the insurance provider to determine whether the issue can be reexamined or resolved. If the employee or employer is still in dispute, either party can file an appeal with their state’s workers’ compensation board. The board will typically review the case, investigate further, and hold a hearing.
Employees, healthcare providers, and employers who violate state workers’ compensation laws can face both civil and criminal penalties. Someone who violates these laws may be charged with a misdemeanor or felony and could face fines or imprisonment. This applies to:
The good news is that workers’ compensation exists to help protect both employees and employers. When an unforeseen event happens at work, workers’ compensation can keep families’ lives from being devastated. This valuable type of insurance can save businesses—especially small businesses—from huge financial loss.
Thanks for reading! Please note that this content is intended for educational purposes only. As laws change regularly, you should refer to your state legislation and/or an advisor for specific legal counsel. If you’re a small business owner, learn more about workers’ compensation insurance or check your current rate in 3 minutes.