Workers Compensation – Notice to Employer – Workman’s Comp Attorney
Notify your employer of a work place accident ASAP
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For a free consultation call workers compensation and personal injury attorney Andrew M. Rodabaugh now at Call Us, Click to email or Fill out the Form below!
Properly notify employer of a workers comp accident !
Properly notifying an employer of an accident that took place at work is the first important step one needs to properly take in order to have a successful workers compensation claim. This step could ultimately lead to the medical treatment the injured worker needs and the compensation to which they are prescribed by law. We will discuss the Who, What, When, and How of notifying an employer of a workers comp accident.
The requirement to notify an employer of a work accident under Maryland Law
Maryland law requires an employee to notify an employer of a work place accident with in 10 days of the accidental injury and 1 year for occupational diseases. This rule is clearly stated in the law however there is an exception that often overcomes the injured workers failure to report the accident within 10 day. If the employee fails to report the accident to the employer within 10 days of the accident they may still pursue and be successful with their claim if the failure did not lead to any prejudice to the employer and insurer and the workers compensation insurer is still able to fairly and adequately put on a defense. In other words, if the late notice of the employee getting injured really did not do any harm then they may still proceed with their claim.
The longer to employee waits to report their claim the weaker their case may get so it is best practice to notify the employer as soon as possible.
Who to notify of a work place accident
Notice of an injury on the job should be provided to a supervisor as soon as possible. Ideally this would be at the time of the accident or shortly after the accident on the same day. While notifying a supervisor of an accident is the best practice it is better for the injured worker to notify numerous people of the work injury. Notifying numerous people of a work place accident will help create witnesses that would be likely to testify on the injured workers behalf. All too often an employee only notifies a supervisor of a workers comp accident and the supervisor, being loyal to the company, testifies or gives a statement that he was not notified. With multiple witnesses the chances of having a favorable witness increases substantially for the injured worker.
If no supervisor is around the injured worker should notify co-workers immediately and contact a supervisor as soon as they have notified a co-worker. It is often argued that notifying a co-worker is not the same as notifying the “employer” however notice to a co-worker could be considered providing constructive notice to the employer.
What do I tell my employer when I notify them of the accident
Keep it simple. avoid putting fault on your self- it was an accident. After you provide a description of the accident and what happened avoid answering many more questions without discussing your injury and accident with an attorney.
While fault and negligence is not a defense to workers compensation claims, there is the willful misconduct defense which is used by employers and workers compensation insurers to fight claims. An employee performing a task they were specifically told not to perform will surely rise to a willful misconduct argument and potentially a lost workers compensation claim.
When to notify the employer about my work injury
As soon as possible. Do not delay, even if there is no intent on seeking immediate medical attention. A seemingly minor injury can manifest into a serious condition weeks after the accident.
How to notify an employer of a workers comp accident
Depending on the employment there may only be a few ways to notify an employer of an accident immediately. Contractors are often deployed to work by themselves which leaves telephone and text messaging to usually be the only option. Now in the day of smart phones, email is also a very viable option and is usually the best given that it is documented.
Verbal notice is a good first option if there is no ability to document the notice, however it is imperative to follow up with a written notice via email, text message or written correspondence. Providing written correspondence is necessary but keeping a copy of that correspondence is essential. It is not uncommon for employers to loose such documentation which will in turn lead to a “he said, she said” scenario.
In the absence of any written notice the “he said, she said” scenario arises and places the injured worker at a great disadvantage. Employers and supervisors are often very busy and forget, intentionally or not, that a discussion took place regarding the employees injury. Employers will often ask current loyal employees to testify that they new nothing about the incident and were never informed about an accident. This creates the scenario most often disastrous to the injured workers claim- the “They said, he said.”
Follow this link for more information on properly reporting and notifying employer of an accident at work.
For a free consultation call workers compensation and personal injury attorney Andrew M. Rodabaugh now at Call Us, Click to email or Fill out the Form below!
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