Workers’ compensation mostly comes in the form of an insurance policy that employers must provide to their employees for helping them recuperate from injuries or illnesses in the workplace. These provisions may include coverage for medical expenses, lost wages, and the cost of ongoing care. So, one thing is pretty clear, you are eligible for workers’ compensation only if the injury or illness is sustained or acquired in the workplace. But still leaves a horde of gray areas for the common worker. Lets us discuss those
How Long Can A Workers Comp Claim Stay Open
Though worker’s compensation is a Federal requirement, there are state-specific requirements. In most cases, the worker’s compensation law requires you to file the claim within a certain period following the injury or illness. So, you need to meet deadlines. Indeed, the period for claiming compensation is one of the most common workers comp questions California.
Although in most cases, you get one year from the date of injury to file the claim, you need to notify your employer within 30–45 days of the accident or injury. If you don’t do that you may just forfeit the right for claiming the compensation. Indeed, informing the employers opens your claim case. After this date, you have about a year to claim the compensation.
Aftermath Of Opening The Claim Case
Moving forward from how long can a workers comp claim stay open, once the claim is opened, you have two options. If you want to get paid for future medical bills related to the injury, you can opt for letting the case remain open indefinitely. However, in most cases, it is more beneficial to close the claim sooner than later.
You can settle with the insurance company for a lump sum amount of money and close the claim. This amount may well offer greater benefits than stretching the claim for the long term. This also reduces paperwork. Indeed, employers too love such a settlement.
Critical cases – Los Angeles Brain Injury Attorney
You can file a claim for workers’ compensation only if your injury or illness occurs in the workplace. Commonly, people suffer from injuries sustained from slipping, falling, straining, or operating machinery. Such accidents can also result in grievous injuries such as brain injury. However, signs of moderate brain injury may take time to reveal. In such cases, it may become difficult to prove that the brain trauma is out of an accident sustained in the workplace.
This is when you need to take the help of a Los Angeles brain injury attorney. These are the people who have all the resources and knowledge to fight the case for you. They can fight with the insurance company and establish that the brain injury is due to your workplace injury.
Nutshell
Workers are worried about workers’ comp claims. They have a horde of workers comp questions California. One of the most common questions deals with the period till which the compensation claim remains open. If you too are worried about workers’ compensation, you need to know that in most cases you need to intimate your employer within a period of 30 to 45 days.
Otherwise, you forfeit your compensation case. Your workers’ comp claim opens after you intimate your employer. After this, you have some time to process the claim and submit the same to the insurance provider. In case, the insurance company rejects your case you need to appoint an attorney to fight your case.
