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Reporting Your Work Injury to Your EmployerBy Pyle Law, March 30 2021 12:21 pm
How and when you report your job-related injury to your employer can make a difference in whether you are able to receive compensation. The employer can use these to try to deny you compensation, but a Kansas workers’ compensation attorney can help.
Many employers and their insurance companies are simply looking for ways that they can deny workers’ compensation claims. One way that they might try is by claiming that you either did not notify them of your injury in time or did not report it properly. Here are some tips on reporting your injury.
The baseline obligation in Kansas is that the employee has the obligation to report the injury to their employer. The state gives guidelines that direct employees to follow their employer’s written policy for reporting injuries. If your employer does not have any policies, informing your direct supervisor of your injury should meet your legal requirement.
These are some people to whom you can report your injury:
When you report your injury, it is best to get something in writing, even though you have the option to do it verbally as well. This could protect you in case your employer comes back and denies a verbal conversation. Then, you end up with your word against theirs. Even if you tell someone verbally, make sure that you follow up in writing so you have a record. In turn, your employer must report an accident with injuries to the state within 28 days of learning of them.
You need to be very careful about whom you verbally report your injury to when your employer has specific policies about reporting your injury. When you orally report an injury, notice to the wrong person does not count. This is another reason to report in writing.
Once you report your accident to the employer, they can require you to go for a physical examination so long as they pay the costs. If your employer requests this, you should listen to them because not doing what they say could impact your eligibility for benefits. The law obligates you to follow your employer’s instructions about seeking medical assistance.
One of the most important things is that you report the injury in time. There are a few rules here. The most critical one is that you report the injury to your employer within 20 days. This applies whether you were injured in an accident or you developed a condition that was treated by a physician.
For example, many conditions can hurt workers over time. If you have something such as carpal tunnel syndrome or another occupational illness, the clock to tell your employer does not begin the minute that you experience your first symptom.
If you are no longer working for that employer, you have ten days from the date of your last employment to report the injury. These timelines are strict, and you do not want to try to rely on one of the limited exceptions if you missed the deadline.
If you have been injured in a workplace accident, call a Kansas workers’ compensation attorney at Pyle Law at (620) 241-9000 or contact us online to learn how we can help. Qualifying for benefits is not automatic, and you could benefit from the assistance of a lawyer.