How to give notice of a work injury and why you should never wait to tell your boss.
We are asked about workers comp benefits for old injuries on a regular basis. This question usually comes from individuals who have been working in pain and without proper medical care.
The general rule is that you can claim workers comp benefits if you gave notice of injury within 90 days. Simply telling a supervisor that you got hurt at work could be enough to satisfy this requirement.
Don’t wait to tell your employer about an injury because this could jeopardize your legal rights. Waiting even a few days could mean that you miss out on substantial medical and wage loss benefits.
Notice requirement
Tell your employer immediately if you are hurt at work. Notice can be oral but you should ask to fill out a company accident report.
If your employer does not have an accident report, make one yourself. Explain when, where, and how you injured yourself. Give the accident report to your employer and keep a copy for your records.
You can also document your injury by going to a doctor and explaining how you hurt yourself at work.
Waiting too long
Insurance companies consider late notice a red flag and will dispute your claim. A common defense is that you hurt yourself somewhere else and now want to blame it on your job.
We have seen cases where notice was given the next day and the insurance company still denies the claim. Don’t count on co-workers to support you when their job is on-the-line.
The best thing you can do is report your injury and ask to see a doctor. This will show that you satisfied both the notice requirement and made a claim for benefits.
How to get help
Some employers refuse to file workers comp claims because they want to save money on insurance premiums. Injured workers are told to use their own private health insurance. This is wrong!
Call (855) 221-2667 to speak with one of our workers comp lawyers in Michigan. We will do everything possible to protect your legal rights.
– Alex Berman is the founder of Michigan Workers Comp Lawyers. Hes been representing injured and disabled workers exclusively for more than 35 years. Alex has helped countless people obtain workers comp benefits and never charges a fee to evaluate a case.
Related information:
Injured On The Job: A Guide to Michigan Workers’ Compensation Law (FREE BOOK)
