Visitor Question

How Long Does My Employer Have to Make a Workmans Compensation Settlement?

Submitted 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.

Disclaimer: Our response is not formal legal advice and does not create an attorney-client relationship. It is generic legal information based on the very limited information provided. Do not rely upon the information in our response, or anywhere else on this site, when deciding the proper course of a legal matter. Always get a personalized case review from a local attorney.

Answer

Dear Kyle,

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 a licensed attorney. Find a local attorney to give you a free case review here , or call (888) 647-2490.

Best of luck,

Published: September 16, 2017

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Comments

One thought on “How Long Does My Employer Have to Make a Workmans Compensation Settlement?

  1. I hope you find your answer soon. Somebody out there must have an idea regarding the Statute, and a time-line for this. This is a great site, so maybe you will hear back with a great answer. I hope so. I know you are anxious, as are we with what we have been going through for a while.

    I have found more information on here than any attorney would volunteer without charging a sitting fee. It is wonderful to have somewhere to turn at a time of much needed help, or just read about others in similar situations. I know we are not alone in our quest for higher ground. I feel like we have been on the beaten path long enough. Just like you have with your situation.

    A different avenue to navigate is quite refreshing. There is ‘guidance’ here for those of us seeking light at the end of a dark tunnel. At the on-set of these comments things seemed bleak at best. Now I know we are many and all searching for a glimmer of hope and a little direction along the way. It is obvious that others feel the same way from what I have read and observed.

    This ‘guide’ is very informative and who doesn’t like at least ‘one free something’…(rhetorical question). Regarding this web site (guide), again, “Thank you”… whomever you are for opening this door to much needed information for all of us. I hope someone out there has an answer for the person asking about “How long the employer has to make a W/Comp settlement”.

    It is a start and taking the next step may prove to be a little easier. To the many wonderful people who ask their question and to those who provide input, “Thank you”. My hat is off to you all. It is nice to be heard. In my opinion, I think most of the Workman’s Compensation Settlements are “Long Over Due”.

    Good Luck in your quest to settle as soon as possible. I wish I could have answered your question. I know it is little consolation, but I do understand your situation.

    ‘Mimi

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