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How to Know When You Should File a Workers’ Compensation Case

When you experience a workplace accident, you do not always get compensation. When you file to receive compensation, you’re not guaranteed to win. There are good times and bad times when you should file and consider this option after you’ve lost your primary source of income.

After a Serious Workplace Accident

Accidents occur often at work from slips and falls to fingers and limbs getting trapped in machines. Most accidents are minor with injuries that are easy to recover from. Not every workplace accident is serious enough to qualify for a workers’ compensation claim. Consider filing a case if the injury is long lasting and requires medical treatment.

When Developing a Serious Illness

Some illnesses develop over many years of being exposed to toxins. If the toxic gases or chemicals were found in your workplace, and you were not given proper personal protective equipment, you should be able to build a case. A workers compensation attorney will tell you about the types of illnesses that qualify and ask more specific questions about your situation.

Immediately After an Accident

You have a certain window of time to file a case due to statute of limitations. It’s recommended that you file immediately after you develop an injury or illness after an accident. Most deadlines vary from one to three years. To the court system, waiting too long reduces the reliability of the evidence that’s used in building your case.

When You Develop a Disability

Some people receive workers’ comp payments for several years, recover fully from their injuries and eventually return to work. When you develop a permanent disability that is diagnosed by a doctor, and you can no longer work, you need to file a workers’ comp case. In some states, you receive workers’ comp benefits for a lifetime if you need lifelong medical care. Other states have time limits that last for several years, or they stop the claimant’s payments after the age of 65.

Most employers are required to pay workers’ compensation claims to their injured or severely ill workers. These workers are covered for any medical bills and lost wages that were linked to the accident. Most occupational accidents and injuries are covered. You also need to file in a certain timeframe. Know if your case qualifies for a workers’ compensation claim and when to file.

Author information: Lizzie Weakley is a freelance writer from Columbus, Ohio. In her free time, she enjoys the outdoors and walks in the park with her husky, Snowball.

Bob Kraft

I am a Dallas, Texas lawyer who has had the privilege of helping thousands of clients since 1971 in the areas of Personal Injury law and Social Security Disability.

About This Blog

The title of this blog reflects my attitude toward those government agencies and insurance companies that routinely mistreat injured or disabled people. As a Dallas, Texas lawyer, I've spent more than 45 years trying to help those poor folk, and I have been frustrated daily by the actions of the people on the other side of their claims. (Sorry if I offended you...)

If you find this type of information interesting or helpful, please visit my law firm's main website at You will find many more articles and links. Thank you for your time.

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