Workers Compensation

Chapter 2: Reporting An Injury or Exposure

1. Who should the injured worker notify?
2. What should the notice include?
3. Must the notice be in writing?
4. What are the time limits for notifying the employer?
5. What should the employer do after receiving notice?  
6. What records must the employer maintain?

1. Who should the injured worker notify?

The employee must inform the employer promptly. Any delay in the notice to the employer can delay the payment of benefits; a delay of more than 45 days may result in the loss of all benefits. Notice to a fellow worker who is not a part of management is not considered notice to the employer.

2. What should the notice include?

The law requires the employee to notify the employer of the date and place of the accident, if known. To avoid possible delays, it is recommended that the notice to the employer also include the employee's name, address, telephone number and Social Security number, and a brief description of the injury, accident or disease.

3. Must the notice be in writing?

Notice may be given orally or in writing.

4. What are the time limits for notifying the employer?

For accidental injuries, within 45 days after the accident. For injuries resulting from radiological exposure, the employee must notify the employer 90 days after the employee knows or suspects that he or she has received an excessive dose of radiation. For occupational diseases, the employee must notify the employer as soon as practicable after he or she becomes aware of the condition.

5. What should the employer do after receiving notice?

The employer should promptly take the following steps:
(a) Inform the insurance carrier or administrator responsible for the workers' compensation program.
(b) Provide all necessary first aid and medical services, and pay temporary total disability benefits when due.
(c) If the employee cannot work for more than three days because of the injury, the employer must do one of the following:
(i) begin payments of temporary total disability; or
(ii) provide the employee with a written explanation of what additional information the employer needs before payments can begin; or
(iii) provide the employee with a written explanation of why benefits are being denied.

6. What records must the employer maintain?

Employers are required by law to maintain accurate records of work-related deaths, injuries or illness (other than minor injuries requiring only first aid and not involving further medical treatment, loss of consciousness, restriction of work or motion, or transfer to another job). Written reports of all job-related accidental deaths must be made to the Commission no later than two working days following the death. Written reports of job-related injuries or illness resulting in the loss of more than three scheduled work days must be made to the Commission between the 15th and 25th of each month. Initial reports are made on form #45, called "Employer's First Report of Injury or Illness;" subsequent reports are made on form #85, called "Employer's Supplementary or Final Report of Injury or Illness."