Advice on how far back you can receive past due benefits and why the date you filed your work comp claim matters
People often want to know about their past-due workers compensation benefits. This is especially true when it takes months or years to resolve a work comp case. Read the common questions below for more information about your past due benefits.
To speak with a workmans compensation lawyer now, call (844) 345-0952, or fill out our contact form. There’s no fee or obligation, and we can answer all of your questions.
Q. Can I receive past due benefits?
A. It can take months or even years to resolve a workers compensation case. But it does not matter when your injury occurred or how long your case has take. Workers compensation benefits, and your past due benefits, will be based upon when your case was filed.
There is no statute of limitations for workers compensation. However, there are some initial procedures that you should have followed to protect your legal rights (here’s some information on what to do if you’ve been injured at work).
You needed to provide notice of your injury to your employer within 90 days. This is usually not a problem since notice can be oral. If you told a manager or supervisor that you got hurt, this is most likely sufficient.
You should have also made a claim for workers compensation benefits within two years after your injury. Claim can be oral but it is a good idea to ask for benefits in writing. You can do this by sending a certified letter to your employer asking for wage loss or medical treatment under workers compensation. Like notice, simply asking for benefits should be enough to satisfy this requirement.
If you provided notice and claim, you can seek workers compensation benefits at any time in the future. This is important because some people need workers compensation benefits for old injuries that happened years ago. Many of these people have been working in pain and without proper medical care.
Q. How far back can I receive past due benefits?
A. If you can receive workers comp benefits, your past due benefits will be limited to the one and two year back rules.
The one year back rule provides that compensation will not be awarded for any period of time which is more than one year prior to filing your case. In other words, you cannot receive past due benefits beyond one year prior from the date you filed your work comp lawsuit This rule generally applies when you have previously been paid workers compensation benefits.
The two year back rule applies if you have never received any workers compensation benefits in the past.
The one and two year back rules illustrate why you should never wait to file a workers compensation case.
Don’t let your employer or the insurance company tell you that your workers compensation claim is too late. Talk to an experienced workmans compensation lawyer who can help you understand your legal rights.
Q. What past due benefits can I receive if I win my trial?
A. If you win your case at trial, you can be awarded wage loss benefits with interest from the day you stopped working. Your employer and its insurance company cannot end your benefits without permission from the court. All of your medical bills should also be paid.
Q. What past due benefits can I receive if my case is appealed?
A. If your case is appealed, you will only receive 70 percent of your wage loss benefits. Current medical treatment will be paid. All past-due benefits will be withheld pending resolution of the appeal.
Q. Does a magistrate have to order the benefits I requested?
A. It’s important to remember that a magistrate does not have to award all of the benefits that you have requested. A magistrate can order payment of some or all of your workers compensation benefits.
The magistrate may find that you were only disabled for a short period of time and that future wage loss benefits are not appropriate. A magistrate can also find that an alleged medical condition is not work-related or that medical treatment is not reasonable and necessary.
Have questions about your past due workers comp benefits?
Call us at (844) 345-0952, or fill out our free consultation form.
The best way to get an idea of the value of your past due workers compensation benefits is by speaking with one of our workmans comp lawyers. We’ve been protecting people injured on the job for more than 35 years, and we can ensure you receive all of the past due benefits you’re entitled.