Close

Why Employees Must Promptly Notify Employers Of Any Work Injuries

Some clients are reluctant to notify their employers that they have suffered a work-related injury. They may assume that they will soon recover or that their employer may be angry with them if they claim that they were injured at work.

However, the Pennsylvania Workers’ Compensation Act requires that an employee satisfy all the requirements of the Act to be eligible for compensation. To that effect, Section 311 of the Act requires that a Notice of Injury be given to the employer within 120 days of the injury.

If proper notice is not given to the employer, you will not be eligible for workers’ compensation benefits.

work injuries
Image Source: pexels.com/Alex Green

How Soon Should You Report The Injury?

Although the Act allows for the notice to be given to the employer within 120 days, we strongly suggest that you do it as soon as possible. Insurance companies typically use delays as grounds to dismiss or deny work injury claims.

So, report your injury or work-related illness to your employer or supervisor without any delays to ensure a smooth compensation process.

The Process of Reporting a Work-Related Injury

Start with a simple, written notice to your employer telling them that you were hurt on the job. Share when it happened, where, and how. Include brief details about your injury. As we said previously, insurance companies frequently deny claims if there is a lapse of time between the injury and when it was reported to the supervisor. So, make sure there is no substantial delay between the two instances.

– Send a written notice to the employer

Although the Act does not require that a written notice of injury be given to the employer, we strongly suggest that the employer receive prompt written notice of the injury.

– Add details

Simply advising your employer that you injured your back or that your back hurts is also not sufficient. You should state how, when, and where the injury happened and make sure that you advise your employer that it was work-related.

Notice of an exact diagnosis is not necessary to provide adequate notice of a work injury. A reasonably precise description of the injury is required.

– Create a paper trail

If verbal notice is provided, we would suggest that the employee promptly confirm the same in writing, either by email or text, and make it clear what the confirmation is about. Simply put, mention your work injury in the email.

– Keep a copy

Also, keep a copy of the email or text you’ve sent to the employer as proof that proper written notice was sent to them, complete with a date and time stamp.

– Notifying a colleague isn’t enough

Notice to a co-worker is generally not deemed to be legally sufficient! Notice should be given to your supervisor, manager, or owner of the company.

The Notice of the Injury is Necessary to Receive Compensation

Unless the employer has knowledge of the injury, the injured employee must provide notice of the work injury within 21 days to be eligible to receive compensation from the date of injury onward.

If the injured worker does not provide notice within 21 days, no compensation is due until the day notice is provided.

Again, it is with very limited exceptions that an injured worker will be totally barred from receiving any benefits if notice of the injury is not provided within 120 days from the date of injury.

The Notice is Proof of Your Injury

Workers’ compensation insurance companies often look for any reason to deny a claim. A delay in receiving notice is an immediate red flag and a frequent basis to deny claims.

The employee has the burden of proving the employer’s actual receipt of the notice. An employee’s mere statement that a letter was mailed to the employer is not sufficient.

Likewise, slipping a notice under a manager’s door without proof that the manager actually received it is not adequate to establish notice. The best proof is a copy of the email or text to the employer that contains the date of the email or text.

What Happens After You Send the Notice

After proper notice of a work injury is provided, the employer is then required to report your injuries to its insurer. Within 21 days of receiving notification, employers then must decide whether to accept or deny liability for your injury. Employers may also choose to provide you with temporary compensation while they extend the investigation for 90 days.

Talk to an Experienced Work Comp Lawyer

Employees should promptly obtain guidance from an experienced workers’ compensation attorney when they suffer a work-related injury. Claims are frequently denied for little or no reason at all, and an experienced workers’ compensation attorney can file appropriate petitions and litigate claims to achieve the best results for the injured worker.

Awards & Recognitions

Pennsylvania Workmans Comp Attorney
Philadelphia Workmans Comp Lawyer

Cardamone Law Has Negotiated Some of the Largest Workers’ Comp Settlements in Pennsylvania

$2.2 Million
Spinal Injury
$897,000
Lower Back Injury
$650,000
Lower Back Injury
$550,000
Neck Injury
$425,000
Leg Injury
$375,000
Knee Injury
$325,000
Ankle Injury
& Hundreds More Cases
$2.2 Million
Spinal Injury
$897,000
Lower Back Injury
$650,000
Lower Back Injury
$550,000
Neck Injury
$425,000
Leg Injury
$375,000
Knee Injury
$325,000
Ankle Injury
& Hundreds More Cases

Client Testimonials

"Best Law Firm around!"

"Cardomone law is absolutely fantastic! They are very responsive and helpful and they will fight to get you what you deserve. Shirley is also very helpful whenever you have any questions! Best Law Firm around!"

- C. Edwards
Google Reviews
"Michael and Shirley are very dedicated...and getting the maximum amount favorable to my case"

"Cardamone Law Firm were very helpful to me since day one. Michael and Shirley are very dedicated to my case giving me updates, answering my questions, being honest with my case, and getting the maximum amount favorable to my case. Thank you so much for your service and dedication and helping me to achieve not only your case but to guide and refer me in other needs too! You guys are the best law firm friendly and dedicated. I will recommend to anyone."

- A. Ortiz
Google Reviews
"Michael won my workers comp case after my employer insurance denied my claim."

"Exceptional firm. Highly recommend this law firm. Michael won my Workers Comp case after my employer insurance denied my claim. Him and his staff were always at my reach for legal and emotional support. Am so happy I hire them. Thanks Michael and Ms. Shirley."

- Carlos P.
Google Reviews
"[They] did an excellent job in getting me financially compensated in a fairly short amount of time."

"I recently had a work related injury and was receiving Workers' Compensation (medical benefits only). Soon after I was fired, so I contacted Paul Silver at Cardamone Law Firm who did an excellent job in getting me financially compensated in a fairly short amount of time. Paul and his assistant Shirley always responded to any questions I had about the case in a very short amount of time. Thank you for helping me with this difficult case."

- Robin C.
Google Reviews
"Highly recommend."

"Cardamone Law was great with helping my husband with his Workers Comp issues. Mike and Shirley were the best with letting us know what was going on every step of the way. Highly recommend."

- Danielle P.
Google Reviews
"Mike Cardamone is amazing"

"Mike Cardamone is amazing. He is "hands down" one of the best lawyers I've ever had the privilege of knowing. He is very kind, understanding, knowledgeable in his field, always very thorough and helpful. He was extremely professional and someone who truly cares about his clients. I felt completely at ease with him. He was a pleasure to work with, explained everything in detail, as well as answered all my questions with knowledge and care. If you want someone you can trust, who communicates every step of the way, will fight for you and make sure you win your case, he is it! I will refer all my family and friends to him. Thank you so much Mike, for everything. I appreciate all your hard work and dedication in helping me."

- Allie M.
Google Reviews
Without a doubt YOU are the best!!!

"Without a doubt YOU are the best!!! Every person who is in the horrible position of being injured at work should have someone as kind, compassionate and knowledgeable as you on their side. You never once made me feel like I was one of a hundred other clients. I always knew you had my back! You answered calls and emails at all hours. You fought every fight for me so I only had to worry about getting well. Behind your nice, calm face there’s a pit bull ready to take on any employer or judge. I can never thank you enough."

- L. Edall
Google Reviews
"Best Workers' Comp Lawyer!"

"Michael is simply the best! He was there for me from day 1 till the end, and we won the case!! He is always available to help. I had a gazillion questions and he would answer them one by one. He's a great lawyer and I feel lucky to have found him online from reading other outstanding reviews about him. Believe me, they're true!"

- Faith B.
Google Reviews
"Great Attorney"

"Great attorney, handled case quickly and efficiently. I would recommend him and would use him again. He was always available to answer any questions we had. Thank you, Mr. Cardamone."

- H. Anderson
Google Reviews