How Long Do I Have to Report a Work Injury to My Employer?

 Posted on December 03,2024 in The Workers' Compensation Process in Calfornia

Under California law, you must report a workplace injury to your employer within 30 days to be eligible for workers’ compensation benefits. Reporting the injury to your employer is an important part of the California workers’ compensation process. This time limit exists for a number of reasons. First, it gives both parties a reasonable chance to gather the evidence they need. If an employee waits more than 30 days to tell his or her employer about the injury, odds are, the employer no longer has access to important evidence like security camera footage, which may have been erased by then. It may also help facilitate the employee’s claim, as the employer can start working with workers’ compensation promptly if the employer plans to cooperate. It is important to contact an experienced Morgan Hill, CA workers’ compensation attorney as soon as possible after a workplace injury.

What if My Employer Knew About the Injury When it Happened?

Some accidents, like scaffolding collapses or fires, are hard for an employer to miss. Even if your boss saw or responded to the accident that injured you, you may still need to follow a formal reporting process. It is best to follow your employer’s guidelines for officially reporting a workplace injury. A lawyer can help you make sure that you have satisfied the formal reporting requirements.

What if My Injury Came on Gradually, Over Time? 

Not all workplace injuries are sudden and the result of a distinct accident. Repetitive stress injuries and work-related illnesses can come on slowly. In this case, you have 30 days from the time you discovered the injury and reasonably should have known it was work-related. To avoid a dispute regarding when you should have known you needed to report your injury, it is best to see a doctor and report your injury as soon as possible.

Reporting Accidents Protects You and Other Employees

The quicker you are to report your injury, the faster you can get the right care and the right benefits. When your employer receives a report of an accident in the workplace, it also puts them on notice that there may be a safety issue endangering other employees. Your employer may be able to take steps to prevent the kind of accident you suffered from happening again to someone else.

Should I Report Minor Injuries? 

Reporting injuries you think are too minor to require time off or medical care in case the injury becomes more serious than you thought. For example, say you cut your hand with a box opener. You bandage it and assume it is okay. 31 days later, you realize that you are having trouble using your hand. It turns out a tendon was damaged and could have been fixed - and paid for by workers’ compensation - if you had acted promptly.

Contact a Morgan Hill, CA Workers’ Compensation Lawyer

If you have been injured at work, Cramer + Martinez is here to help you. Our dedicated Santa Clara County, CA workers’ compensation attorneys will help make sure your accident is reported properly and your claim is started. Contact us at 408-848-1113 for a complimentary consultation.