Today’s post comes from guest author Matthew Funk from Pasternack Tilker Ziegler Walsh Stanton & Romano.
QUESTION: I DID NOT TELL MY BOSS WITHIN 24 HOURS ABOUT THE ACCIDENT I HAD AT WORK. DOES THIS MEAN I CANNOT COLLECT WORKERS COMP?
ANSWER: THERE IS NO 24-HOUR REPORTING REQUIREMENT UNDER THE COMPENSATION LAW
Joe was working on one of the old boilers at the old Jefferson High School when he tripped over a wrench. Banged up his knee pretty bad. After the ER visit, the X-rays, the knee brace, and the really good painkillers, Joe went back to work intending to let his boss know of his injury and to file Workers Comp paperwork. But one thing led to another and it wasn’t until three days later that Joe remembered he hadn’t told his boss or had filed any paperwork. Joe panicked.
Wasn’t there a rule that in order to file a Workers Comp claim, you had to have told your boss within 24 hours of the accident? That ER bill was steep and paying out of pocket would really blow his already-stretched paycheck. Joe was so pissed he would have kicked the wall if his knee didn’t hurt so much.
Don’t give up, Joe! File, Joe!! File!!
An injured worker does not have to notify his or her employer within 24 hours to collect benefits under the Workers Compensation Law. He or she may have to notify an employer within 24 hours to make sure they are entitled to certain benefits from the employer or their union. BUT the Compensation Law is different. It requires that notice of the injury be provided within 30 day of the accident. This notice can be provided orally or in writing. Keep in mind it is ALWAYS better to Continue reading