Workplace injuries come in a wide range of severity. Clearly, you should always report a major incident to your employer – but if you have sustained a minor injury which seems inconsequential, do you need to tell your employer?
Perhaps you bumped your head, wrenched your back, or closed your finger in the door of your work vehicle. While the injury was momentarily painful, you feel fine now. If you are a good employee who likes you job, maybe you don’t want to make trouble or generate needless paperwork. However, you should always report any injury sustained at work. Here’s why.
Even if a minor workplace injury seems to pose no long-term effects, you never know if there will be a delayed reaction or pain that appears days later. If you have not told anyone about the original injury, they may not believe that the injury happened during the course of your workday. Also, your day to day work may aggravate the original injury, making your claim even more serious.
Why and How to Report a Minor Injury
- No matter how minor the injury may seem to you, report the details immediately. Notify your employer or supervisor – it is not enough that your co-workers may know about the injury.
- Although you may not be required to file a written report, it is always best to do so in order to have an official record that something happened in case you need to make a claim in the future
- Your employer must be notified about your injury within 21 days, or your eventual workmans compensation claim may be denied.
- If you think you may one day seek compensation, you must file notice of your injury within 4 months.(120 days)
- You must further notify your employer when you understand the extent of your injury and how it may affect how you can perform your job.
- When you notify your employer about your minor injury, you should include the date of injury, the location where it happened, and all circumstances surrounding the event.
- You cannot be denied on the basis that you did not report the injury the day it happened. However, we always recommend that you do so.
What is Workers Compensation?
Workers compensation, also known as workmans compensation is a set of laws created to protect people that have been injured or disabled in their place of employment. The laws are in place to help reimburse for medical bills and lost wages that occur as a result of the injury. This reimbursement usually comes from workers compensation insurance and is provided to eliminate the need for litigation as much as possible.
These laws also protect employers and fellow employees, as the monetary value of rewards is limited in order to prevent the injured worker from abusing the system.
While workmans compensation law also provides a framework for legal action if necessary, those who have sustained a minor injury will likely not need this option. Still, there may be circumstances when this occurs – if a bump on the head which seemed minor results in chronic headaches, for instance – legal recourse is there.
Overall, it is always best to report any injury sustained while you are working, and to have a record of the incident. That way you are protected should you need to pursue some financial restitution in the future. If you sustained a “minor workplace injury” which is now unexpectedly causing you pain and suffering, be sure to get a medical opinion – then call the law firm of Probinsky & Cole. We will be happy to discuss your legal options and determine if you should pursue workmans compensation or if legal action is appropriate. Either way, we are here to help you navigate the process.
