Workers have a right to take action when workers’ comp fails them. Unfortunately, some of the fallacies of the program are unknowingly perpetrated by them directly. What are a few mistakes that could drive a wedge in a potential workers’ comp case?
The One-Year Claim Time Period
Workers have one year to file a claim according to Workers Compensation Law in Ogden UT. But, that time frame is a bit misleading. The chances of a claim being successfully filed about 11 months after the incident are very unlikely. This is because details matter. The ability to remember details of a single incident a year later could prove difficult. The evidence is also required, and most facilities only record video footage for a week or two. The one-year period may seem like it is supporting workers. Yet, it may actually provide them a false sense of security. They can file after a year, but can they really? A way to tackle this issue is to report the injury immediately and collect pertinent evidence. The claim can be filed later, but the evidence is backed up in the meantime.
Waiting and Waiting
It is true that a claim can be filed a year after an incident. Unfortunately, the year time frame is a bit of a fallacy for Workers Compensation Law in Ogden UT. The injury is harder to pinpoint directly to that incident. The issue is that many injuries may not present evidence for months. A hit to the back could be a minor nuisance. But, it inevitably begins to increase in intensity after a few months or even close to a year. At that point, an argument could be made that the back pain is because of something else.
The longer one waits, the less of a chance of success. Contact Davis and Sanchez PLLC for details. Though the one-year time frame exists, it should not be utilized. Workers should always report the incident right after it happens. The incident should be documented for it is too easy for a verbal declaration to be dismissed. A boss (and the employee) may be encouraged to just shrug it off or agree verbally because it is easier. This is not the way to go about substantiating an injury on the job.