How long do you have to file a workers compensation claim? 15 Answers as of June 04, 2015

I had an accident at work about 8 months ago in which I fell and badly twisted my ankle. I had to take a week off to recover and was not compensated for it. I did not seek compensation because I tripped over something and fell and figured that was my fault, but a friend recently told me that something very similar happened to him, and his time off was paid. Can I still file a claim, or has it been too long?

Ask a Local Attorney. 100% Anonymous. Free Answers.

Free Case Evaluation by a Local Lawyer: Click here
Richard B. Jacobson & Associates, LLC | Richard B. Jacobson
File a claim. If someone thinks it's too late, they'll tell you.
Answer Applies to: Wisconsin
Replied: 6/4/2015
Law Ofices of Edwin K. Niles | Edwin K. Niles
One year.
Answer Applies to: California
Replied: 5/26/2015
Boesen Law, LLC
Boesen Law, LLC | Joseph J. Fraser III
Although the law says you should file a report with your employer within 4 days, you have two years to file a claim with the Division of Workers' Comp. If the reason for your trip at work fit with your work duties you may have a compensable claim that can still be pursued.
Answer Applies to: Colorado
Replied: 5/26/2015
James E. Hasser, Jr. P.C.
James E. Hasser, Jr. P.C. | Jim Hasser
You can still file a claim, but if you didn't report it or go to a Dr. and get an off work slip, you probably don't have much of a claim, if any. You have 2 years from the date of the accident or last payment of compensation, whichever is later, to file suit or you will be forever barred from doing so. There is no time limit on a claim for medical benefits. Good luck.
Answer Applies to: Alabama
Replied: 5/26/2015
Strouse Legal Services | James C. Strouse
2 years in Maryland.
Answer Applies to: Maryland
Replied: 5/26/2015
    Bulman Law Associates PLLC Injury Law Firm
    Bulman Law Associates PLLC Injury Law Firm | Thomas Bulman
    Montana law requires your employer be notified of the injury within 30 days and a written claim for benefits filed within one year. Contact the human resources department and ask them for a claim form.
    Answer Applies to: Montana
    Replied: 5/26/2015
    Ty Wilson Law | Ty Wilson
    Your challenge is not the statute of limitations which in Georgia is typically one year. Your issue is the notice provision in the Workers' compensation Act which provides you will provide notice as soon as possible. Notice should be provided within 30 days. You can still attempt to bring forth a claim but you will have issues with the notifying the employer so they could investigate. You should reach out to a Georgia workers' compensation attorney and discuss your claim as there are exceptions to every rule. Good luck.
    Answer Applies to: Georgia
    Replied: 5/26/2015
    Law Offices of Ronald A. Steinberg & Associates | Ronald A. Steinberg, BA, MA, JD
    In Michigan, you have 2 years.
    Answer Applies to: Michigan
    Replied: 5/26/2015
    Andrew T. Velonis, P.C.
    Andrew T. Velonis, P.C. | Andrew Velonis
    In NY, it's two years.
    Answer Applies to: New York
    Replied: 5/26/2015
    Law Offices of George H. Shers | George H. Shers
    You have one year from the date of injury if you work in California. You need to file out an employee's first report of work injury and ask the employer to file out a report for their WC carrier. States differ in how many days in that week they would pay you a partial wage loss. But if you told your boss what happened and he/she did not tell you any of this, then they are jerks who might punish you for making a claim [illegal and allows for a penalty] so you might have to consider whether the amount you would get is worth the price you might have to pay.
    Answer Applies to: California
    Replied: 5/25/2015
    Musilli Brennan Associates PLLC
    Musilli Brennan Associates PLLC | John F Brennan
    File the claim, the worst they can do is deny it.
    Answer Applies to: Michigan
    Replied: 5/25/2015
    WILLIAM L SANDERS, ATTORNEY AT LAW | William L. Sanders
    Each state has different rules. You should ask a w.comp attorney in your state. Most do not charge to answer such a simple question they want your business.
    Answer Applies to: Georgia
    Replied: 5/25/2015
    Law Offices of Laura Lanzisera, LLC
    Law Offices of Laura Lanzisera, LLC | Laura Lanzisera
    As long as you reported your claim to a supervisor within 30 days you can still file a claim. You have one year to file a claim.
    Answer Applies to: Georgia
    Replied: 5/25/2015
    Pius Joseph A Professional Law Corp. | Pius Joseph
    Yes , you can still file workers compensation claim. There is a general rule to file an application within one year of the date of injury although it is not an airtight rule like in personal injury claims. You are good and I suggest that you immediately hire a lawyer.
    Answer Applies to: California
    Replied: 5/25/2015
    Geneva Yourse | Geneva Yourse
    If your employer had knowledge of the accident and it's details, you can still file a Workers' Comp claim. Go to the NC Industrial Commission website for instructions on filing your claim.
    Answer Applies to: North Carolina
    Replied: 5/25/2015
Click to View More Answers:
12 3 Free Legal QuestionsConnect with a local attorney