When you sustain a work injury or contract an occupational disease, you need to inform your employer about it. You are required to observe certain rules when notifying your employer to protect your eligibility for compensation.
Here is what you should know:
Do it immediately or as soon as possible
When you are involved in an accident at work, you should inform your employer about it immediately. If you need immediate medical attention, you can notify them as soon as practicable but no later than 30 days from when the accident occurs. You need to provide your employer with a written notice of the accident.
If you develop an occupational illness, your employer should know about it within 60 days from the day you are diagnosed.
An employee may not need to provide a written notice in certain instances. For example, if they are physically or mentally incapable of doing so. If the Virginia Workers’ Compensation Commission finds any reason an employee offers for not submitting a written notice satisfactory, their right to compensation may not be affected.
Include all relevant details
Your written notice should have your name and address and details about the accident, including the time and place it happened and its nature and cause.
Ensure you provide accurate details since your case will be investigated. According to the commission, an inaccuracy should not prevent an employee from receiving compensation. However, if your employer proves your error prejudiced their ability to investigate or defend the claim, a court might relieve them of some responsibility – but only up to the amount caused by the prejudice.
If you suffered a work-related injury or developed an occupational disease, you should be extra careful when writing your notice. Consider legal guidance to avoid mistakes that may delay your compensation.
