As an employee, whenever you are injured at work, you may have a hard time understanding what just happened or even believe that you actually got hurt while performing your usual duties. At this point, you may be so focused on your injuries that you may forget an important step which is to report the incident to your employer as soon as possible. The lawyers at The Law Offices of Nathaniel F. Hansford, LLC want to remind you that not doing so may have an impact on your workers’ compensation claim.
Is There a Deadline to Report an Incident and Injury at Work?
Every accident in which an employer is hurt is unique yet there is no unique answer to how long the employee can wait before informing their employer that they sustained a workplace injury. That is why it is so important for employers to have clear policies in place that their employees can follow when the unthinkable happens and they are either injured or become sick at work.
Since workers’ compensation claims involve both the legal system and insurance providers, your employer should have guidelines in place to respond to unforeseen situations in which employees are harmed. This way, an employee can easily know and understand what steps need to be followed.
Are There Factors That Determine Deadlines for an Employee to Report a Workplace Injury?
There are several factors that play a role in the timeline when reporting an injury at work. These are:
The State Where the Employee Works
Every single state has statutes and administrative rules that outline the procedures a worker must follow when filing a workers’ compensation claim. These laws and rules include when the incident must be reported and how long the injured employee (or surviving dependent in case of the employee’s death) has to file a workers’ compensation claim.
The Type of Illness or Injury
There may be differences in reporting when the employee develops a condition because they face repetitive stresses or exposure to hazardous materials while at work. The timeline is different when the injury is just a one-time situation.
How Serious the Injury Is
If the injury is so serious as to lead to disability or death, the timeframe for their surviving dependents to report the injury and file a claim may be different.
Error or Oversight on the Part of the Employer
In some cases, it may be an error or oversight on the part of an employer that does not follow timelines or procedures. If so, the employee may discover that their time to file has been extended.
Remember to Report an Injury Immediately
Ultimately, despite laws or rules and guidelines at work, you are much better off reporting your illness or injury to your employer as soon as it happens. Find out now if your employer expects a written report if specific wording must be used, and who needs to find out about your injury first.
