Do I Really Have to Give Written Notice of my Injury in Four Days? – Often our clients have questions like “How long can I wait to report my injury?” “How long will my case last?” “How long does the insurance company have to do this?” “Is there a time limit?” With all these questions, we thought we would talk about how time plays a factor in your workers’ compensation case and whether or not you are still eligible to receive medical care if you haven’t submitted a written report of your injury within the first “deadline”.
Do I Really Have to Give Written Notice of my Injury in Four Days?
If I miss the four-day period, will I lose my rights?
If you are injured on the job, you have to give written notice of your injury to your employer within four working days of the incident. We’ve had cases where our clients say, “I reported my injury, but my employer said it was too late because I hadn’t given written notice within four days. Because of that, I’m not covered under workers’ compensation.” This is simply not true and that means you have been misinformed or intentionally lied to.
Get it in writing
You should give notice of your injury to your employer but make sure to do it in writing. This is critical to protect your rights because having it in writing is the difference between your employer claiming that you never actually reported a work injury and you having the evidence that you did. Your report can be a text message, an email, a letter, or anything that shows you told your employer about your work injury.
What if I don’t report my injury in four business?
What happens if you don’t do it within four business days? The answer is nothing. If you don’t make a written report within four business days, that doesn’t necessarily mean that you don’t have any rights or that it’s too late to receive medical care. With that being said, we don’t recommend waiting. The reason for this is because the more time between your injury and you giving notice, the more time it gives your employer and their insurance company an opportunity to say, “Maybe your injury didn’t actually happen at work”.
Let’s say you went on a trip or were fired, or something along those lines occurred in between the period of the inciting incident and before you’ve told your employer. Your employer could claim that you were actually injured on your trip or you’re only bringing up this injury because you are angry about being fired, which would not help your case. The bottom line is this, it’s recommended to report your injury within the four-day period but it’s not necessary to receive your worker’s rights.
We’re here to help
Time, law, and work injuries can be really complicated, that’s why you should talk with one of our experienced attorneys here at Kaplan Morrell Attorneys at Law. It’s free, it’s confidential, and if we do think we can help you, we only charge what’s called a contingency fee. Call today for more information at (970)-356-9898.
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