The Workers' Compensation Court shall regulate and provide the kind and character of notices and the services thereof and, in case of an injury by accident to an employee, the nature and extent of the proofs and evidence and the method of taking and furnishing the same for the establishment of the right to compensation. It shall determine the nature and form or forms of the application of those claiming to be entitled to benefits or compensation and shall regulate the method of making investigations, physical examinations, and inspections and prescribe the time within which adjudications and awards shall be made, except that when a petition for compensation is filed, a hearing shall be held within sixty days from the date of the filing thereof and an order or award made and entered thereon within thirty days after such hearing. Such rules and regulations shall conform to the provisions of the Workers' Compensation Act.

Worker's compensation is an insurance program that pays medical and disability benefits for work-related injuries and diseases. If an employer refuses to file a worker's compensation claim on your behalf, you may contact the Division of Labor and Management. The division can provide the necessary forms and can file the claim directly with the employer's worker's compensation insurance carrier.

A case is initiated by the filing of a claim. In general, there is a one year statute of limitations for filing a claim; however there are many ways to extend the statute. If an employer provides any benefits for an injury, such as medical treatment or disability pay, the statute is extended to five years from the date of injury. If an employer knows of an injury but fails to advise the employees of his workers compensation rights, the statute is tolled.

An employer has ninety days from knowledge of the claim to investigate. This is accomplished by taking statements from co-workers, taking a statement or deposition from the injured worker, sending the worker out for medical evaluation, etc. If a claim is not denied within 90 days, it is presumed admitted. This is a rebuttable presumption; however, evidence that could have been obtained within the 90 days is inadmissible in a later proceeding. If the claim is admitted, benefits are provided.

Once a claim is denied, a notice is sent advising the worker that the claim was denied and that the matter must be brought to the Worker’s Compensation office within a year. No benefits are provided. Injured workers at this stage will generally obtain counsel if they disagree with the determination. A denial in seldom a bar to recovery of some benefits, although potentially only nuisance value. No benefits will be paid in such a case until conclusion of the claim. Counsel can obtain a Medical Legal evaluation which addresses injury, causation, disability and need for further treatment.