When Must You Report an Injury from an On-The-Job Accident?

 Posted on May 24, 2017 in Personal Injury

After you have suffered a workplace accident and determine that you are injured, your first step should be informing your employer of the incident. This is required under the Illinois Worker’s Compensation Act.

Illinois law states that notice of the accident must be given to the employer as soon as “practicable,” and no later than 45 days after the accident. Failure to do this may mean a rejection of your claim, and you will not get your medical bills and lost wages paid by your employer.

While 45 days may seem like a long time, the deadline can approach quickly, especially if you did not initially realize that you were injured. If you are concerned about this deadline, contact a workers’ comp attorney as soon as possible.

What Should the Notice Say?

According to the Illinois Worker’s Compensation Act, the notice of the accident given to your employer should include the date and place of the accident, to the extent that either of those are known.

The law states that the notice may be oral or written. However, it is usually advisable for it to be put into writing so that a paper trail is created.

Notice and Repetitive Injuries

In cases where a single accident has led to an injury, there is little question as to when the 45-day notice deadline will be. However, in the case of repetitive injuries, it can be difficult to ascertain when you must give notice.

Repetitive injuries are those that are sustained over a period of time and are caused by the same movements. Carpal tunnel from typing or back problems from repeated lifting can be injuries that are covered under workers’ comp.

It is a good idea to give notice to your employer of your injury caused by repetitive movement as soon as you realize that your job has caused the injury. This may be after a doctor’s visit or after you have had time off work or time away from the injurious movement.

Contact a Bloomingdale, IL Workers’ Comp Lawyer

Notice can make or break your case. Even if you give notice within 45 days, you may face denial or suspicions from your employer about the legitimacy of your claim.

However, if you were injured due to your job duties, you have rights and should get the medical care you require. Call the qualified Bloomingdale workers’ comp attorney at the Law Offices of David W. Clark, P.C. to further explore your options. Our firm can be reached at 630-665-5678.

Source:

http://www.ilga.gov/legislation/ilcs/ilcs3.asp?ActID=2430&ChapterID=68