How Long Do I Have to File a Workers’ Compensation Claim?

How Long Do I Have to File a Workers’ Compensation Claim? Image

If you are unable to work and believe you may be entitled to workers’ compensation payments, you have a limited time to file a claim. You may lose the opportunity to qualify for compensation benefits if you miss the deadline to file for Oklahoma workers’ compensation benefits.

Each state requires employees who have been injured or made ill at work to report the matter to their employers and file a claim. In most states, you are required to report your injury to your employer or supervisor “as soon as possible.” But there may be extenuating circumstances depending on the situation and the nature of your injury or illness.

Deadlines for Filing a Workers’ Comp Claim in Oklahoma

  • Must report to employer/supervisor in writing within 30 days
  • Must file a claim with the Workers’ Compensation Commission within one year of the injury date or within six months of last medical treatment provided by workers’ compensation, whichever is longer.

Reporting to your employer

If you are injured or exposed to a dangerous substance or occupational hazard, you have 30 days in which to inform a supervisor, managing body, or employer. The notification should be given in writing at the earliest opportunity. Some employers have specific reporting forms and procedures which you should follow. You might, for example, inform your supervisor verbally. However, if you do not follow the procedure for reporting required by your employer, they may claim that you never informed them of your injury and you may not qualify for benefits.

For this reason, you should report an injury, suspected injury, exposure, or suspected exposure to your employer within 30 days in writing. Inform them in the way the company policy requires, otherwise, they may refute your claim.

Filing a claim with the Oklahoma workers compensation commission

If you are injured or exposed to an occupational hazard, you have one year to file your claim. It will be important that you have reported the injury to your employer in a timely fashion and using the proper channels.

Why You May Need to Contact an Oklahoma City Workers Compensation Lawyer

The Oklahoma legislature recognizes that there are extenuating circumstances that can affect the period of time in which you may reasonably make a claim.

It is possible to be injured and not know it. Injuries that develop over time such as chronic musculoskeletal conditions and hearing loss are easy to mistake for normal aches and pains. Abdominal injuries can be especially problematic since a hernia can be especially difficult to pin down to a time and place.

Workers who engage in sports or other risky activities outside of work often run into trouble with their claims. They will sometimes have their claims disputed by their employer if the employer suspects the injury was injured outside of the workplace. In cases where the employee claims to have been injured by inhaling an airborne toxin, the employer may claim that the worker is a smoker and was injured due to their habit.

In all of these examples, prompt reporting by the worker and the expertise of a qualified medical professional is necessary to make a solid claim that will stand up in the Oklahoma workers compensation commission.

If you qualify for workers compensation in Oklahoma, and your employer is fighting your claim, you need the help of an Oklahoma workers compensation attorney. Get in touch with the Burton Law Group today. Our team of workers’ compensation law specialists will help you get the money you deserve.  We’re Here to Help!