How Long Does My Employer Have to Make a Workmans Compensation Settlement?
by Kyle (Claremore, OK)
I was injured at work. As a result of the accident my finger was partially amputated. After I was fully released by the doctor I had a meeting with my HR manager. I was told by him that they were going to get the information from the doctor and make a settlement offer to me.
I have not spoken with him since that meeting. I was wondering if there is a time line that they are to follow on the offer? I know some things are time sensitive and I don't know how much time there is to file certain things. Thanks.
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ANSWER for "How Long Does My Employer Have to Make a Workmans Compensation Settlement?":
That is an excellent question. Worker’s Compensation laws and regulations require a claimant (injured party) to report their injuries within 30 days of the event causing the injury, or until 30 days within the onset of symptoms.
From the facts you present it appears you did file your claim within the required 30 day period. Doing so assures you, at the minimum, a trial before an Administrative Judge if one becomes necessary.
Although there exists neither law nor regulation setting a specific time period in which the HR department must respond to your inquiry, you might want to take a close look at your employee manual. Most employee manuals clearly set out the requirements and responsibilities of the employer and employee regarding intra-company Workers Compensation reporting times, as long as those times do not conflict with the law.
If the time period set out in the employee manual has passed you should bring such breach to the attention of the HR department.
Otherwise, as long as you have filed your claim within 30 days from the date of onset of injury or its symptoms, you will have up to 2 years within which to either settle your case or bring it to trial.
The above is general information. Laws change frequently, and across jurisdictions. You should get a personalized case evaluation from an attorney licensed in your state. Find a local attorney to give you a free case review here, or call (888) 647-2490.
The accuracy of information provided on this site is not guaranteed. It is generic information for informal purposes only. It is NOT formal legal advice. Your use of this site does NOT create an attorney-client relationship. Before relying on any information found in this site you should consult with a licensed attorney in your state. If you are currently represented by an attorney, you should strictly abide by his/her counsel.