Filing Time Limits on Workers Comp

construction worker holding id card and helmet, in handAccidents happen, and when they happen at the construction site, there is good and bad news. At-work injuries are covered by worker’s compensation, which assists with losses due to being unable to work from injuries. But those claims are valid only if filed within a certain time span to avoid fines or loss of a claim. As a construction employer or employee, it’s vital that you know the steps and requirements to keep everyone safe and able to come back to work after they recover.

Workers Compensation Claim

Workers compensation at its core is a state-mandated insurance program that protects those injured on the job by replacing lost wages and helping with medical bills. Filing a claim requires the injured worker to contact their employer, who is then responsible for filing with their carrier. As an employer, you should have the information on hand for contacting your insurer to file, and to make sure to do so within the proper time span to avoid fines. As an employee, if your employer is unable to file for you, you will need to contact your state department that handles workers comp claim (the Department of Industrial Accidents for Massachusetts) directly, and file a claim directly with them.

Workers Comp Filing Deadlines

There are several deadlines to keep in mind as both an employee and an employer when it comes to documenting and filing a claim.

  • Injury – Immediate: If you are injured at work, seek medical attention immediately. Seeking medical attention starts the claims process and provides documentation for claims.
  • Absence from Work – 12 Days: If an employee is absent for more than five days due to injury or illness gained on the job, a claim must be filed by the employer within seven days (12 total).
  • Insurer’s Deadline – 14 Days: After receiving the claim, an insurer has 14 days to decide if it will pay benefits.
  • Filing a Claim – 4 Years: As an employee, you have four years as of the date of the injury to file a claim. This leeway is designed for injuries or illnesses are only apparent long after the initial injury. This also includes death benefits for survivors.

Employer/Employee Communication

Good communication between the employee and employer during this process is important. Depending on the type of injury, this can be a straightforward process. For injuries that immediately require medical assistance and a prolonged absence from work, filing by the employer should start immediately. As an employee, if you’re injured on the job you should approach your employer and request to start filing a claim the same day. If your injury or illness only becomes apparent later, talk to your employer as soon as possible, with medical documentation if possible.

Information and proper documentation are key when it comes to meeting filing time limits on workers comp. As the employer of construction contractors, it’s important to provide the resources and monitor the health of your workers. Knowing how to deal with constructions insurance claims and having the right plans for your type of work are key. Get help understanding and selecting the right construction insurance program for your company with H&K Insurance’s comprehensive insurance packages. We serve Massachusetts and the greater New England Area in general and specialty contractors. Contact us today.

John Herlihy has served H & K Insurance Agency Inc. clients since 1982. John, the Vice President, is engaged in all phases of the agency’s operations and management. He is dedicated to providing excellent service. John’s professional designation of CIC (Certified Insurance Counselor) signifies to clients a competent professional and their assurance of quality assistance with their insurance needs.