by Bernard D. Nomberg, Partner, The Nomberg Law Firm
If you are injured while performing your job, what is the first thing you should do? Tell your employer you injured yourself while performing your job and request workers’ compensation benefits. This puts your employer on notice of your on the job accident. Notice allows the employer to provide immediate medical diagnosis and treatment in effort to minimize the seriousness of the injury. If you fail to provide proper notice of your on the job injury to your employer, you will not be entitled to workers’ compensation benefits, which includes medical benefits and compensation.
The Alabama Workers’ Compensation Act requires the injured employee to inform his employer of the accident, in writing, within five (5) days of the accident. Written notice of the injury is not required under the Alabama Workers’ Compensation Act if the employer has actual knowledge that the employee was injured in the scope of his employment. Notice can be provided to your supervisor or the person designated at your company to handle workers’ compensation benefits.
While verbal notice is permitted, written notice is preferred. The injured employee has ninety (90) days from the date of the on the job accident to provide written notice to his employer. If the injured employee fails to provide written notice of the on the job accident and injury within ninety (90) days of its occurrence, the employee is likely forever barred from receiving workers’ compensation benefits.
While using a bullhorn to provide notice of an on the job accident is typically not necessary, it’s better to be safe than sorry as giving notice is the first step in filing a claim for workers’ compensation benefits in Alabama.
Giving proper notice of an on the job accident to your employer is the first step in starting your workers’ compensation benefits. Within five (5) days of being injured on the job, write down when and how you were injured, request workers’ compensation benefits, give a copy of your written notice to your supervisor and keep a copy for yourself. If the injured employee fails to provide proper notice, the employee is not entitled to workers’ compensation benefits.
If you have any questions about notice or workers’ compensation benefits, please call the attorneys at the Nomberg Law Firm (205) 930-6900 or contact us here.
Bernard D. Nomberg has practiced workers’ compensation law in Alabama for more than 20 years. Bernard has earned an AV rating from Martindale-Hubbell’s peer-review rating. He has been selected a Super Lawyer by Super Lawyers Magazine as well as a Top Rated Attorney by B-Metro Magazine.