What is a workers' compensation "claim," and do I have to file a claim in order to receive compensation?
A Claim for Compensation is a formal document filed with the Division of Workers' Compensation. Most employers will pay medical benefits and lost time benefits long before a claim is ever filed. Sometimes, workers' compensation carriers will settle claims with injured workers, even when a Claim for Compensation has not been filed. It is, however, necessary to file a Claim for Compensation within two years of the date of the accident or two years from the date the employer last paid benefits under the Workers'Compensation Act, whichever is later, or your claim will be time barred. This is important if it has been quite some time since you have had any medical treatment and you still haven't settled your case. If the employer hasn't made an attempt to settle your case with you after medical treatment has been completed, then you do need to get a claim on file in order to protect your rights.