What Should I Do If My Work Comp Injury Is Delayed?

In case you received an injury at work, you should be aware that you are entitled to receive certain financial benefits issued by the state’s workers compensation program. Depending on the type of your injury, you may receive different type and amount of financial help.

Your job is to report the injury to your superiors, and file for workers compensation claim. Make sure you do everything within a given time, as missing the time deadline will leave you without your financial benefits.

To find out what the laws are in your state, speak to a knowledgeable workers compensation attorney and get informed.

Why Is My Workers Compensation Claim Delayed?

There could be many reasons why your initial work claim was delayed. The most common reasons are:

  • Failure to provide enough evidence supporting your case
  • Failure to report the injury within given time
  • Failure to submit an initial workers compensation claim within given time

These are the most common reasons why one’s workers compensation claim may get delayed. However, in some cases, the insurance company may delay the initial claim to try and exhaust you, make you quit on your financial benefits, wear you down. This time can go up to 90, which will mean that you are left to struggle for 3 months without your financial benefits. When you have just lost your income due to working disability, living and supporting your family for 3 months without financial help is nearly impossible.

The reason behind it is simple: the insurance company will try to protect the interests of its shareholders, and thus delay your initial workers compensation claim for up to 90 days. To avoid this happening in the first place, you should hire a legal representative before you start the process and file for your initial workers compensation claim.

File An Appeal

The only thing left to do is file an appeal. A legal representative can help you file a proper appeal, filled with all the information required. An appeal should be concise, and should have all the things that the initial delayed claim didn’t. This means that if you lacked certain information in the initial claim, you should include them in the appeal. Normally, you have 30 days to file an appeal, if it is not otherwise stated in the information concerning your delayed claim.

Don’t Give Up On Your Rights!

It will be stressful and exhausting, but don’t give up on your legal rights. You should be aware of what you could win if you secured your financial benefits. As long as the injury took place within your workplace, don’t stop fighting for what is legally owed to you. Hire an attorney to help you right from the start, to avoid all potential complications. An attorney will not allow the insurance company to delay your initial work comp claim, and will ensure that everything goes according to the law. Act while you still have time, and do everything according to the rules.

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Shannon Wilson

About the Author

Shannon I. Wilson, Attorney at Law provides full service representation for Criminal offenses, Felonies, Drug Offenses & DUI cases in Oregon.

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