Failing to Properly Report Your Accident

Without a doubt the most important step if you are injured on the job is to report the injury to your employer. Many employers have an accident policy in place which can be referenced in an employee manual. If this is the case with your employer then follow those guidelines set out in the manual. If there is no policy then I find that it is most helpful to let everyone know of the injury which would include co-workers, supervisors, and/or any human resource department that your employer may have.

Many employers and insurance companies tell injured employees that they cannot file the claim because they were not notified of the accident within time. Some employers often tell the injured that they had to have notice within 24 hours of the accident. THIS IS NOT THE LAW.

The law generally requires written notice of the injury by accident within 30 days. There are, however, exceptions to this rule. Specifically, and most commonly, if the employer or an agent or representative had actual knowledge of the accident then the employer is also deemed to have notice of the injury. It is for this reason that it is so important to report to everyone at the place of your employment the injury by accident.

There are other exceptions which may apply to your specific case and as such I recommend if your claim has been denied by the insurance company or employer for failure to report the claim within the required period of time then contact an attorney immediately to determine if the appropriate time limits have been applied or to determine if your claim meets one of the exceptions.