How Quickly Should I Notify My Employer of My Injury?

TIMELY NOTICE OF YOUR WORK RELATED INJURY IS ESSENTIAL TO RECEIVE COMPENSATION

Sufficient Notice

If injured on the job, it is the responsibility of the employee or his representative to give notice of his injury to his employer within thirty (30) days of any accident.  The employee is not entitled to compensation until notice is given to the employer in person or by his representative.  The lack of sufficient notice can result in the denial of the claim for physician’s fees or compensation. The employee does not need to specify that the injury occurred on the job when providing notice.  Additionally, the employee does not need to provide notice with the intent of claiming compensation.  

Notice to an employer is sufficient when an employee informs a supervisor, manager, foreman, or employer’s agent of an injury.  However, informing a fellow employee of an injury does not qualify as sufficient notice to the employer.  Sufficient notice alerts the employer to the fact of injury so that it may make an investigation, if it sees fit to do so.  The 30 day period to provide notice to the employer does not start until the employee is aware of an injury from the accident.

Written Notice is Necessary After 30 Days

If notice is not provided by the employee or employee’s representative in person within 30 days after the accident, written notice is necessary.  The written notice must include the name and address of the employee, the time, place, nature, and cause of the accident, and the resulting injury or death.  The employee or the employee’s representative shall also sign it.  The notice shall be given in person to the employer or may be sent by registered, certified or statutory overnight delivery addressed to the employer.

There are some exceptions that excuse an employee for not providing 30 days notice of injury to his employer.  However, it is important that you contact an experienced workers’ compensation attorney to discuss these exceptions and circumstances.  If you have additional questions or concerns about whether you have provided sufficient and timely notice to your employer or about your workers’ compensation claim, contact Attorney Christina Campbell.