How do I report my workers’ compensation injury?
One of the biggest questions we get here at our firm is what someone needs to do when they are injured at work. The answer to that question is actually two-fold because there are responsibilities on behalf of both the injured worker and the employer.
Employee Responsibility: The Utah code indicates that an employee “sustaining an injury arising out of and in the course of employment shall provide notification to the employee’s employer promptly of the injury.” U.C.A. 34A-2-407. This reporting MUST be done within 180 days of the injury, or when the employee should reasonably have know of the injury.
Employer Responsibility: An employer is required to report the injury, other than in injury requiring only first-aid treatment, within 7 days of discovering or hearing about the injury. Utah Admin. Code R612-200-1. They do this by filing an employer’s first notice of accident form with the labor commission.
The takeaway here is that if an injured worker does NOT report the claim within 180 days, or unreasonably delays in doing so, it could jeopardize the claim and benefits could be denied.
If you have an issue where the insurance company does not believe you reported your claim, call us immediately. We have represented and WON cases for injured workers where the insurance or employer argued the claim was not reported as timely.
