Notice to Employer
Giving proper notice your employer is a very important element of your workers compensation case. You should try to give written notice if you are able to your employer so there are no misunderstandings about your injury and the relationship it has to your work. In some case, injured workers assume that their employer knew or should have known about an injury. Notice is not proper unless it is actually given to a supervisor. Cases have been lost by injured workers who assumed someone knew that an injury occurred in a particular case and failed to give proper notice to their employer. Any attorney who is considering taking a case would want to investigate whether proper notice was given which would satisfy the hearing examiner or Commissioner hearing the case.
Employees are charged with giving notice to their employer in order to have a compensable claim. There are different provisions for each class of injury. The failure of a claimant to give proper notice under the statute can be a complete bar in some cases to the receipt of any benefits.
In accidental injury cases, oral or written notice must be given to the employer within 10 days of the date of the injury. If the employee dies as a result of the injury, notice of the injury must be given within 30 days. The Commission can make exceptions and allow claims to proceed forward where proper notice was not given.
In occupational disease cases, the notice requirement is somewhat different. Written notice must be given to the employer within 1 year of the date of death of the employee or within 1 year after the employee knows or should know about the connection to the occupational disease and the employment. The Commission can excuse the failure to give notice for good cause.
In hernia cases, the employee must give notice to the employer within 30 days of the accident that caused the hernia. Failure to give notice within this time period is a complete bar to recovery.
In Maryland, for an accidental injury or death, the employer must be notified in writing or orally within 10 days after the accidental injury and 30 days after death.
For an occupational disease, unless the employer or the supervisor has actual knowledge, the employee is required to give written notice within 1 year from the date the employee knew of the causal connection between the occupational disease and the employment. Consult with one of our Maryland workers compensation attorneys now to discuss the particulars of your case.
In the District of Columbia, except in certain circumstances, notice must be given within 30 days after the date of injury or death, or 30 days after the employee or beneficiary is aware or should be aware of the relationship between the injury and the employment. Notice should be in writing and contain specific allegations as to the happening of the accident. Consult with one of our District of Columbia workers compensation attorneys now to discuss the particulars of your case.