If you experience an on-the-job injury or illness, it’s important to report the injury immediately. There are deadlines related to when you must report your injury to your employer.
Failure to meet the deadlines can cause your claim to be denied. While the deadlines need to be followed, it’s best to report the injury or illness immediately or as soon as possible.
Avoiding late notice denial
By telling your employee about your injury or illness within 14 days of the incident (or becoming aware of it), you can avoid them denying your claim based on late notice. If you wait 15 to 30 days to report it, your employer has the right to deny your claim if it has been harmed because of your reporting delay.
If you wait more than 31 days to report the incident, the likelihood of having your claim denied is much higher. At this point, your employer has the right to deny it based on late reporting. There are exceptions, but it’s often difficult to prove your situation applies to one of the exceptions.
Actual knowledge exceptions
If you did not provide further notice of the workplace injury because your supervisor saw it occur, then your claim for workers’ compensation benefits cannot be denied based on late reporting. Your employer isn’t required to see the injury if they know it occurred. If you don’t know if your employer has actual knowledge of the incident, it is best to report it in writing.
Protecting your rights to workers’ compensation benefits
If you are injured or develop an illness on the job, you have the right to recover workers’ compensation benefits. Failure to report the incident within the set deadlines can compromise your claim. Be sure you know your legal rights and responsibilities to avoid issues with your claim.