A Look At Time And How It Can Affect Your Plans To File A Workers' Comp Lawsuit
Your employer is legally required to carry workers' compensation insurance to cover expenses for employees when they get hurt on the job. However, workers' comp is not always so eager to pay the damages in your initial claim, which means you may have to file a lawsuit just to get the money you need. Check out some of the things that you should know about when it comes to how the passage of time can affect your workers' comp lawsuit.
How long will you have to file a workers' comp lawsuit?
If you do not file a lawsuit right away against a workers' comp insurer, you are not alone. Not everyone who does file a claim against workers' comp will do immediately after they are injured on the job. In fact, most people wait a while and try to work with the insurer to get the money they deserve for their injuries. It is best to file a claim as soon as you possibly can if the insurer is giving you problems, however. Plus, in most states, there is a statute of limitations that must be adhered to. For instance, the state where you live may state that you have only one year from the date of your work-related accident to actually file a lawsuit.
What are the negatives of filing a workers' comp lawsuit later on?
There are always some potential negatives that come along with waiting to file a workers' compensation lawsuit. For one, it can make it a little harder for all of the details about the incident that happened to be collected, and it can make it harder for everyone to remember the details that they could potentially supply as witnesses. If you do wait several months after your initial claim with your employer to file a lawsuit against workers' comp, there can be hurdles involved that you would not otherwise have to face.
Should you wait for a fair settlement offer or go ahead and file a claim?
If the workers' comp insurer is being slow about offering you a settlement for your injuries, they may very well be trying to wait you out. People who have to wait longer for a settlement will be more likely to accept an offer that is lower because they may be facing financial hardships already. It is always better to work with an attorney and go ahead and file a legal claim if workers' comp seems to be taking their time about compensating you for the injuries you have sustained.
For more information, contact a workers' compensation lawyer today.
