Did you know that there were 2.8 million workplace injuries and illnesses in 2019? With so many people getting hurt at work, you or someone you know might also be part of this statistic. If you are wondering “how long can a workers comp claim stay open?” we are here to clear things up.
Keep reading to learn everything you need to know about worker’s compensation claims.
How Long Can a Workers Comp Claim Stay Open?
First, we want to make it clear that the answer to this question depends on the state that you live in. Every state has its own requirements for workers comp. However, there are usually two deadlines that have to always be met.
One of the deadlines is that an employee has one year from the time of the injury to file for any benefits. The second deadline is that the employee has to notify their employer with 30-45 days of their injury or they risk losing the right to file a claim.
Once the claim is open, there are some cases that remain open indefinitely and others that would rather close the case sooner rather than later. If the case remains open indefinitely the insurance company pays for future medical bills that are related to the injury.
The reason most prefer to close quickly is to receive a lump sum of money and avoid all the headaches that come with leaving a case open (such as paperwork).
Denied Benefits
In some cases, an insurance company might deny the benefits that you deserve. In these situations, it is always best to contact a professional in the worker’s comp realm. Look for a reputable attorney such as workcompgeorgia.com to explain your rights and fight for you.
Whenever claims are denied the process becomes more complicated and a lot longer. There are plenty of depositions that everyone has to go through in order to find important medical information that will help resolve what is being disputed. Sometimes this process can take six months or longer.
If for some reason, all the parties involved do not come to an agreement, the claim will then go to a hearing before a judge that specializes in worker’s comp. The hearing is very much like a regular trial and it will take at least half a day or longer to resolve and come to a final judgment.
Once the hearing is over, the judge will give their decision on the matter and if the injured worker does not agree, they can appeal the decision with the Worker’s Compensation Court of Appeals.
Feeling Like a Workers Comp Pro?
Now that we answered the question “how long can a workers comp claim stay open?” we hope that you can navigate the world of workers comp a bit easier.
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