PROVIDING NOTICE AFTER A WORKPLACE INJURY
It is amazing how many clients we speak with that are not aware of a single policy or procedure in which they should abide by after suffering an injury while on the job. We understand that getting hurt at work is an extremely stressful time. You are focused on the injury, how you long you are going to be out and how you are going to pay the bills. However, in order to be able to receive compensation for an injury that you suffered which arose out of or was in the course of your employment, you must protect yourself and provide NOTICE of the accident to your employer immediately. 820 ILCS 305/6(c) states that notice of the accident “shall be given to the employer as soon as practicable, but not later than 45 days after the accident.” If you are experiencing a repetitive trauma injury such as carpal tunnel that you developed on the job, you need to provide notice to your employer as soon as you are become aware of the diagnosis. Notice of the accident can be given either orally or in writing. We recommend that you provide written notice to your employer which states how the accident happened as well as the facts regarding when and where the accident happened. We have seen time and time again where an employee has orally given notice of an accident that occurred on the job and the employer will then deny that they were ever notified of the accident. It is imperative that you protect your right to benefits. There are exceptions to the statute which governs the NOTICE requirement. As an employee you must understand though that an employer will do whatever it can to reduce and even extinguish their liability for the injury you suffered at work. Please call the Law Office of Keith Short at 618-254-0055 so that we can make sure that you receive every benefit in which you are entitled to under the Workers’ Compensation Act.