In 2023, the U.S. saw 5,283 fatal work injuries, a 3.7% decrease from 2022, with a fatal work injury rate of 3.5 fatalities per 100,000 full-time equivalent (FTE) workers. Private industry employers also reported 2.6 million nonfatal workplace injuries and illnesses, down 8.4% from previous years.
If you are injured on the job, you are entitled to receive workers’ compensation benefits to help cover your medical expenses, lost wages, and other related costs. Keep in mind that filing a workers’ compensation claim can be time-sensitive, so deadlines must be met to secure a successful outcome. For instance, the workers’ compensation 90-day rule sets a 90-day deadline for you to report the injury and for your employer to address it. Failing to meet this important deadline can significantly impact your benefits and affect the entire claims process.
This article will provide information about the 90-day rule and the importance of complying with deadlines in relation to workers’ compensation claims.
Understanding the 90-Day Rule in Workers’ Compensation
Understanding the 90-day rule when filing a workers’ compensation claim will help you have a smooth benefits claims process.
The 90-day rule begins on the date of the injury or the date you discovered that the injury was work-related. If you’re wondering how much workers’ compensation pays to injured employees, it depends on several factors, including the extent of the injury and state regulations.
Record your injuries as soon as possible since the quality of evidence degrades over time. Taking prompt action strengthens your case by providing accurate documentation and solid proof.
Importance of Timely Reporting of Injuries
It is highly recommended to report your injury immediately to receive the appropriate workers’ compensation benefits. Timely reporting of injuries makes it easier to link them to your workplace, resulting in a more credible and valid claim.
If you delay reporting your injury, it may cast doubt on the facts of your claim, potentially weakening it.
Reporting allows your employer to become aware of the incident and implement safety measures to eliminate the possibility of it happening again. As an injured worker, you are entitled to medical care and support to help you recover and return to work as soon as possible.
Taking prompt action helps protect your rights.
Consequences of Missing the 90-Day Deadline
Failure to comply with the 90-day deadline for workers’ compensation has serious consequences, including the loss of your right to receive benefits.
Insurance companies typically deny late-filed claims, so you will not receive financial assistance to cover various costs such as medical expenses and lost wages. Failure to meet the deadline could hurt your case and make it harder to prove your injury is work-related.
If you manage to file at a later date, you will be subject to delays and scrutiny, which prolong your financial hardship. The primary goal should be to get your claim filed and expedite it to avoid unnecessary negative consequences.
How to Ensure Compliance With the 90-Day Rule
Always report a workplace injury to your employer immediately. Your report should include important details, such as the date, time, and witnesses. File claims promptly, ideally within a few days after the event. Mark calendar deadlines regarding the 90-day limit.
Keep copies of all claim correspondence and documentation and follow up immediately if your employer or insurance company has outstanding issues.
Consider periodic check-ins to keep everything on track. Being proactive will help safeguard your rights and guarantee compliance with the 90-day rule.
Seeking Legal Assistance for Your Workers’ Compensation Claim
Hiring a lawyer to provide legal assistance when dealing with a workers’ compensation claim can significantly influence how your rights are protected throughout the legal process.
An experienced lawyer understands the intricacies of the 90-day rule and its impact on your case. They can leverage their expertise to get the necessary documentation for processing the claim, adhere to deadlines, and file it properly. A lawyer’s legal knowledge allows them to effectively handle various issues, including disputes over negotiations with insurance companies.
Investing in a legal professional increases the likelihood of attaining the desired outcome in your workers’ compensation case.
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