Workers Compensation

Workers Compensation: How long does it take to get a hearing? What is a consideration date?

Employees may claim Workers’ Compensation benefits when their accidental injury arose out of or in the course of their employment. The worker can claim temporary total disability benefits, temporary partial disability benefits, permanent total disability benefits, permanent partial disability benefits. An employee may also claim medical or hospitalization benefits, wage reimbursement benefits, or vocational rehabilitation benefits.
Here are important dates to remember:

Within 10 days of the accident or injury: The claimant must report an injury to his or her employer and to the employer’s insurer.

Within 30 days of the accident: a claim form must be completed and filed with the Workers’ Compensation Commission online. You will receive notice when your claim is received or accepted for processing.

Within 2-3 business days of the filing of the claim: the WCC will process the claim if the claim form is complete and accurate.

Within 21 days after filing the claim: the employer or the insurer may contest or deny the claim by filing an issues form. This is the consideration date. It is a deadline for the employer or insurer to contest the claim by filing an Issues form (C-40). If the consideration date passes and no denial or contest is made by the employer or the insurer, the WCC will award benefits.

Within 30 days of the denial of the claim: an emergency hearing may be requested by the claimant if the employer denies the claim.

Within 60 days of the denial of the claim: a hearing must be scheduled by the WCC when the claim is denied.

Within 15 days after an award is made: the claimant should receive compensation after the WCC orders the employer or the insurer to compensate the employee.

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