If you have been injured at work, it is essential that you notify your employer immediately -- especially of the specific injuries sustained. It is a general rule that an employee has 30 days from the date of injury (or, more accurately, the date you become aware of your injuries) to do so. The more accurate distinction takes into account gradual onset of injuries that might not be apparent immediately following the injury on-the-job.
If the employee fails to satisfy the notice requirement, such a lapse can easily be taken as a valid argument against recovering any benefits that might be due.
The State Board of Workers’ Compensation acknowledges that there are extenuating circumstances, the burden of which may cause an employee to be unable to notify their employer of their injuries within the allotted period. One example is hospitalization. In special circumstances like these, it is still of absolute necessity to contact the employer “as soon thereafter, as is practicable.”
Notice may be rendered verbally or through writing, and may be also be given by family or friends of the injured employee. Notice can also be “constructive,” meaning the events of the accident itself may constitute notice, provided that the employer is aware of them – but it is always safer to provide “actual,” or verbal/written notice to your employer even if the accident’s existence seems to be self-evident.
If you have been injured at work, and would like to receive an evaluation of your potential claim, please contact us as soon as possible.
Please be advised: every legal case is different. While this information may be informative, it is not intended to constitute legal advice. To determine if the circumstances presented here apply to your case, please do not hesitate to call us today.