Filing A Workers’ Comp Claim? Know Why Timing Is Important

Workers’ comp can be a life saver went you suddenly become injured at your job. With the help of insurance, you’ll be able to recover at home and still collect part of your paycheck. In addition, all your medical bills related to the accident will be paid for, so the added stress from additional expenses will not be a factor. That said, in order to guarantee that you receive workers comp, you need to get moving on meeting time-sensitive deadlines.

Immediate Things To Do

The first thing you need to do is report the accident to your employer. While your state may or may not have deadlines on when you have to notify an employer, the failure to inform them of your injury can cause your claim to be invalidated. If an injury is bad enough to seek out medical attention to treat it, you should let your employer know about it. You want it to be clear that the injury was related to your job, not leaving any doubt that the injury happened in another way. Don’t stress about needing to file out the proper forms, as all you need to do is notify them, ideally in a form like e-mail where there is a record of you notifying them.

Of course, there are exceptions where you cannot notify your employer immediately. If you were incapacitated due to the injury, or the injury occurred while working off-site, it’s understandable that you’ll be taken to the hospital before you even have the opportunity to notify your employer. Focus on your medical care as a priority if notifying your employer is not practical.

Be Aware of Deadlines For Filing

Every state will have their own deadlines regarding when you need to file the necessary paperwork by. Expect this deadline to be anywhere between 30-90 days after the injury, although some states, like California, have a time limit of up to 5 years. There are obvious exceptions to this rule, such as if you are in a coma and not able to file the paperwork, but they are for limited situations.

Hire An Attorney When You Need Help

You should focus on getting yourself healthy again, not navigating all the rules for workers’ comp and making sure you are meeting deadlines. Work with an attorney that specializes in workers’ comp cases. They will take care of the case for you, and only get you involved when it is necessary. Contact a law firm like The Law Offices Of Martin Von Mizener for more information.

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Should You File Bankruptcy Now Or Wait A Few Months?

If you are unable to pay your debts, and your creditors are calling you all the time to get money from you, you may be considering filing bankruptcy. However, before you do, consult with a bankruptcy attorney to see if it might be in your best interest to wait a few months, or even longer, before starting the process. Here are a few reasons you might want to wait.


The bankruptcy court will require you submit documentation detailing your income for the last six months. If you have recently lost your job, or taken a pay cut, the average amount for those six months might be more than allowed to file for a Chapter 7. You may still qualify for a Chapter 13, but this will require you to pay off some of the debt. If your new income – of lack of – will not provide you with the money needed to make these payments, it would be in your best interest to wait until the average shows your inability to pay.

Property and Assets

There are probably going to be some property or assets that you really do not want to lose in the bankruptcy. Before filing, you can sell the property. Take advantage of any equity you have in it and use the proceeds to pay for necessities or to pay down some of the debt. This could include your home, vehicle, valuable items, or even your tax refund. You do not want to lose all that you have rightfully earned.

Purchases and Payments

If your debts show that you have purchased luxury items in the recent past, you may not qualify for a Chapter 7. In addition, if you do sell off some property and use the proceeds to pay down other debt, these payments may be recaptured to go into the funds to be used to pay all creditors equally. While it is good to have done this, you will want to wait the 90-days before filing so this money cannot be taken back.

Being unable to pay your debts is stressful and uncomfortable. Having to deal with creditors calling you at home and at work can be frustrating and embarrassing. While you might be tempted to start the proceedings to get everyone off you back, it might also be better to wait. Talk to an experienced bankruptcy attorney at a firm like O’Brien and Dekker Attorneys at Law to find out what will be best for you. Also, keep in mind that you can send a letter to request the creditors stop calling.

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