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Do I Have to Notify My Employer of My Work Accident?

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Do I Have to Notify My Employer of My Work Accident?

A common question we are asked from people injured at work is, "Do I have to notify my employer when I am injured at work?"

 

Giving Notice of Your Work Accident by Mark Weissburg

 

In order to win a Workers' Compensation claim, it is necessary to give the employer notice within 45 days of the accident, and file the claim within 3 years. Notice can be oral or written. Section 6(c) of the Act states:

 

Notice of the accident shall be given to the employer as soon as practicable, but not later than 45 days after the accident.

There are exceptions. If the injured worker is under a legal disability the notice requirement doesn't begin to run until a guardian has been appointed. By "legal disability" they mean the injured worker can't handle their own affairs and needs a guardian.

Then there's the "Hulk" exception. If the injury was caused by exposure to radiological materials or equipment, notice is required within 90 days of the time that the employee knows or suspects that he or she has received an excessive dose of radiation. For those of you not familiar with the Hulk, he's this big green guy that was exposed to radiation and smashes stuff and . . . well . . . never mind.

Moving on then, the notice requirement is fairly liberal, but you should give notice as soon as possible. Notice of the accident should give the approximate date and place of the accident, if known. However, a defect or inaccuracy of notice will probably not prevent you from winning your Workers' Compensation claim, unless the employer proves that it is unduly prejudiced by the defect or inaccuracy.

So how liberal is the notice requirement? Perhaps this case will illustrate the point.

1.    The case of the three amputations

 
Quaker Oats Co. v. Industrial Commission, 414 Ill. 326, 111 N.E.2d 351 (1953). Robert W. Huston operated a boxing machine that filled cardboard cartons with 48 one-pound cans of dog food. The operation of the machine required him to stand for eight to ten hours a day in such a manner that his weight rested on the ball of his left foot. About four months after he started to work in 1946, Huston complained of aching feet and legs and consulted the plant nurse, who suggested that he treat himself with hot footbaths. The nurse testified that his calls and complaints continued during the whole period of his employment, averaging about four a month.

Occasionally, the boxing machine went out of adjustment and cans would drop onto Huston's left foot. Huston complained to the foreman about the faulty operation of the machine and about the cans striking his foot but was told nothing could be done about it at the time because of their six-days-a-week work schedule. Huston began seeing his family doctor in April, 1949 about his legs and feet, and in the latter part of the year was being treated for a fungus infection on his left little toe, which become ulcerated. He consulted another doctor who finally diagnosed his malady as Buerger's disease. A specialist was consulted and he recommended immediate hospitalization.

In the hospital efforts were made to restore circulation to the lower left leg but they proved unsuccessful and the leg was amputated three to six inches below the knee. When the leg failed to heal, a second amputation was performed just below the knee. It, too, was unsuccessful and was followed by a third amputation, just above the knee, which healed properly.

Huston's employer disputed the case, arguing in part that Huston had failed to give notice in time. The court noted that "liberality in the matter of notice should be allowed to the extent that it is consistent with the protection of the employer against unjust concealment of claims." In addition they stated that the Act requires an injured worker—within the time limit—to inform the employer of all known facts within a reasonable time.

Huston had complained to his foreman on several occasions about the cans dropping on his foot. The Court found that,

 

Under the circumstances, this is the only notice that could be given at the time. Claimant was not then aware that he suffered from a disease, and it was not until later, acting reasonably in search of the cause of the disability, he learned that he sustained an injury which probably arose out of and in the course of his employment. When such knowledge was acquired, the record shows without contradiction that it was conveyed both to the claimant's foreman and to a plant official. The complaints to the foreman about the falling cans may have been defective and inaccurate as a notice, but the facts were as apparent to the employer as to the employee; there was no attempt at a concealment of claim nor was the employer in any way prejudiced by the defect or inaccuracy, for it was well acquainted with all the facts and circumstances of the accident.

The Court held that notice of the accident was given in a manner and within the time contemplated by the statute. If nothing else, this illustrates why we need courts. A strict interpretation of the Act might have resulted in Huston losing his case, but this would not have been the just result. He gave as much notice as he could, given what he knew.

 

While I strongly encourage giving notice to your employer as soon as possible, in cases where the 45 days has passed, there is a significant loophole. Under section 8(j) of the Act, if you have health insurance, and your employer pays part of the premium, and your health insurance pays for treatment related to your work accident, then the 45-day notice period doesn't start until "the termination of such payments." Mind you, I wouldn't push my luck. This is a loophole to be used if all else fails, it is not something to rely on if you're able to give notice within the 45 days. This is your backup parachute; only use it if the first one doesn't work.

 

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This article is a modified excerpt from Mark Weissburg's "How to Win a Workers' Compensation Claim in Illinois." You can receive a FREE copy by making an appointment to see a qualified Workers' Compensation attorney at Horwitz, Horwitz & Associates. Call 866-360-9310 for a FREE consultation and book today.

 

A FREE consultation with our Chicago workers compensation attorneys can help ease your fears and protect your rights.

We invite you for a free telephone or in person consultation to discuss your accident and any questions you may have. Most of our lawyers have more than 30 years of experience and we have an outstanding track record in help our clients, as you can see in our Success Record.

Please call our Chicago or Joliet Office Toll-Free at (866)-360-9310.

 

To learn more visit horwitzlaw.com.

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