What does Filing mean?

Filing is defined as sending a document or the appropriate forms to a governing body to initiate action, such as a workers' compensation claim. It is generally a legal process, and the filing date is generally the date the document is received.

Filing, as it relates to workers' compensation, is the process of filing a claim with your employer Filing is done by completing the employee claim form, which should be provided by your employer, although rules and procedures can vary by state. For instance, in some states the injured employee is required to complete the form; in other states the employer completes the form for the employee. And in other states, both the employer and the employee will have to complete forms.

What happens after the work comp claim filing?

After the work comp claim has been filed the insurance company and the employer will review the claim to determine its validity. In some cases, they may contest or dispute the claim, which can result in a review or a court hearing. In other cases, they will pay the claim and provide the injured employee with medical and wage benefits.

After the filing the employee will also be sent to an independent medical examination (IME). This examination is generally completed by a doctor chosen by the insurance company. After the examination the doctor generates a report and sends the results to the insurance company. The insurance company will then use the report to determine how much should be offered to compensate the employee for their work injuries.

Statutes of Limitations for filing a Workers' Compensation Case

There are time limits to complete the work comp filing. All filings should be completed right after you are injured on the job or develop a work-related illness. Failing to file your claim within the specified statute of limitations may result in a denial of your work comp claim. The statute of limitations varies from state to state. In most states the filing must be completed within one month from the date of the injury, but in other states, it can range from a few days to two years.

Related Pages

Browse Legal Glossary Alphabetically:

1 | A | B | C | D | E | F | G | H | I | J | L | M | N | O | P | Q | R | S | T | U | V | W | Z |

Term of the Day

Davis Bacon and Related Acts

Signed into law in 1931 by President Herbert Hoover, the Davis Bacon Act established a federal law that requires contractors and subcontractors, who are working on federally funded or assisted contracts for “the construction, alteration, or repair of public buildings or public works in excess of $2,000,” to be paid the local wage.

Category: Employment Law