Reporting an Injury to Your Employer

Reporting an injury to your employer or supervisor is a critical step in the workers’ compensation process. In fact, you cannot receive workers’ compensation until you report your injury or illness to your employer. However, this step is often one that many employees hesitate to take, due to fear of losing their jobs or employer retaliation. California Labor Code 132a makes this conduct illegal, so there is nothing to fear.

When should I report an injury?

The first step in a workers’ compensation claim is reporting your injury to your employer. Prompt reporting often leads to a stronger claim for workers’ comp. benefits, and a quicker medical recovery. Every state requires or encourages prompt injury reporting, but in California you must report an injury within 30 days of occurrence to avoid having your claim denied.

A cumulative trauma injury, or one that occurred slowly over time, is a bit different. Because it’s not a single incident, an employee may not know they have a cumulative trauma injury until they are told by a doctor. This means that it could be years after an employee stops working before they realize that there is an injury caused by work.In this case, an employee has one year from learning the cumulative trauma injury was caused by work to file a workers' compensation claim.

How Do I Give Notice?

Start by notifying your employer of a work-related injury or health condition.Your employer is required to fill out a form - sometimes called a ‘First Report of Injury’, or ‘Accident Report’ - for every injury which occurs in the workplace. Make sure that this form is filled out. Review the form to ensure that it is accurate, and request that you be provided with a copy for your own records.

Make sure the accident report includes:

• Your name and contact information

• The time and date of your injury

• Where the accident happened

• How you injured yourself, and

• What symptoms you are experiencing.

Giving your employer verbal notice of the injury triggers the employer’s obligation to provide you with a claim form, and filing a signed claim form with the employer satisfies the obligation to provide written notice of the injury.

Avoiding Mistakes on an Accident Report

Insurance companies frequently use written notices or accident reports to dispute workers’ compensation claims. If any of the information you reported is incorrect or inconsistent, your workers’ comp claim may be denied.

When completing your written notice or accident report, avoid:

• Describing symptoms that did not occur

• Speculating about your accident, or

• Reporting restrictions or limitations that you do not have.

Your written report should be accurate and honest, but it doesn’t need to include every detail. In fact, being too detailed can backfire. Avoid speculating about the extent of your injuries or self-diagnosing. You should, however, report even the most minor of symptoms. While they may seem unimportant at the time, it could develop into something more serious later on.

When to Get Help From a Lawyer

Consider speaking with a lawyer if you have questions about your workers’ compensation claim or whether you gave proper notice. A competent workers’ comp lawyer can guide you through the claim process and help protect your legal rights. If your claim is denied, then it is critical to hire a lawyer who can help you file an appeal.

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Cole, Fisher, Cole, O’Keefe + Mahoney is Central California’s leading workers’ compensation and social security disability law firm. With over 30 years of successful experience, we are committed to securing maximum benefits for our clients in the Fresno, California area. Schedule a free consultation today.