Philadelphia Workers’ Compensation Lawyers
Giving Notice of Your Work-Related Injury
You should give notice of your work-related injury, illness or disease to your employer as soon as possible, even if you have not missed work. You must tell your employer both you were hurt or injured and the injury was caused by your job. If you have a work-related illness or disease, you should tell your employer about that condition and why you think the condition was caused by your job. If you cannot give notice, someone else can give the notice for you by telling your foreman, the dispensary, or someone in Personnel. If for some reason you cannot give notice, then tell someone to give notice on your behalf as soon as possible. That person can be your spouse, friend, union representative or fellow worker. It is not necessary the notice be in writing, but it is necessary you tell your employer of your injury as soon as possible. Do not be a hero. No one is going to think any more of you if you grin and bear it and fail to tell your employer you were hurt at work. Often a worker will be injured at work, will complete the shift, and think the spasm or pain will pass. Some workers leave the job in pain because they do not want to bother going to the dispensary, or because they think the injury is not serious. Such a worker may not be able to get out of bed the next day. If this happens to you, it is not too late to give notice. However, your employer will be less likely to pay your claim without a fight, because you did not give notice immediately after your injury. Remember: If you call the job and report you are disabled from a work-related injury, you must tell the employer that you hurt yourself at work. It is not enough to say you are ill and cannot come to work. Your claim will be denied if you do not report you are disabled because of an injury at work.
Notify Your Employer As Soon as Possible
The law states you must notify your employer of your injury and report the injury was work-related within 120 days
of the date you were injured, or within 120 days of the date you discovered you had a work-related disease or illness. Otherwise, you will lose your right to receive Workers’ Compensation benefits. The law also says if you give notice within 21 days of the date of your injury, Workers’ Compensation benefits are payable from the first day of your disability. If you give notice between the 21st day and the 120th day following your injury, compensation is payable from the date you gave notice. While the law does give you a period of time in which to give notice, you should give notice as soon as you are injured or are told that your illness or disease is work-related. The reason for this is “credibility.” If you give notice as soon as possible, your employer is more likely to believe that you have a valid claim. The longer you wait, the more doubt your employer will have as to the validity of your claim and the greater the chance of its being denied.
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