How Soon Should I File My Workers’ Comp Claim?

person using a fountain pen to fill out a "work injury claim form"

Deadlines for Kentucky Workers' Compensation

Time is of the essence when pursuing a workers’ compensation claim. Not only do you have to adhere to the state’s statute of limitations but there are deadlines for initially reporting your injury to your employer. Missing these deadlines could negatively impact your claim and the compensation you may receive.

Working with an experienced workers' compensation attorney can help ensure that you meet these requirements and are filing your claim when it is most likely to be successful.

When Should I File for Workers' Compensation?

In most cases, it's more beneficial to file sooner rather than later. The sooner you file, the sooner the investigation into your incident can begin. By waiting too long, you may risk losing any evidence of fault and witnesses not remembering the details. Another advantage to filing sooner is that you may be able to receive your benefits more quickly and can pay for necessary treatments and expenses.

Furthermore, if your employer does not have workers' compensation insurance, you may be able to file a personal injury lawsuit against them. However, it's important to note that this process can take much longer than filing for workers' compensation and there are different deadlines that apply. In these instances, it may be beneficial to work with an attorney who understands both the personal injury and workers' compensation claims processes so that you are prepared for either scenario.

Requirements for Filing

In Kentucky, you must report your workplace injury within three days of it occurring. This is known as the "First Report of Injury" and is typically required for workers' compensation insurance. Following this report, you have two years from the date of your incident to file a workers' compensation claim.

Learn More: What Do I Need to File a Workers’ Comp Claim?

Work with Our Kentucky Injury Attorneys

When you’ve been wrongfully injured in the workplace or otherwise, our Louisville attorneys can help you pursue a claim for damages. Schedule a free consultation today to learn more about the legal services we provide: (502) 822-2230.

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