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late report of injury
11-23-2010, 01:49 PM
Post: #1
late report of injury
I was injured back in April on the job. It didn't seem too bad at the time. I told my supervisor that I should probably file an injury report, but she didn't get me one and I didn't push it, since it didn't seem too bad. Since then my symptoms have been getting progressively worse and now I need surgery on my neck and will be unable to work for 2 months. I'm being told that they won't accept the claim because I didn't file the report in time. But I thought that was the employer's responsibility. What recourse do I have, and can I hope to get my claim through?
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11-23-2010, 06:50 PM
Post: #2
RE: late report of injury
probably.
many states allow plenty of time but it depends on the circumstances. i can't be more specific because you didn't indicate which state laws control your claim.
most doctors are also required to notify the employer when treating a work injury. why didn't yours?
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11-24-2010, 09:19 AM (This post was last modified: 11-24-2010 04:53 PM by Bummer Knees.)
Post: #3
RE: late report of injury
Is there proof you told the employer about the injury?

The day after I was injured I reported my injury to the head instructor at work.
When I made the phone call to work I told the instructor I would not be at work that day because I had injured my knees at work the previous day.

The instructor wrote this in the teacher's log book. The school director reviews the log daily, but no action was taken to send me for medical treatment.

I reinjured the knees a week later at work and again reported the injury.

The fact that I had reported the first injury and the proof was in the log book helped my claim in being accepted for medical treatment even tho it was past the required 10 day reporting time limit in my state.
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11-24-2010, 11:03 AM
Post: #4
RE: late report of injury
The state would help. Here in PA notice to the supervisor is all that is required of the injured worker. Your state may be different.
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