What are the requirements for an employee to notify an employer about an accident or occupational disease before starting a workers compensation proceeding?
The law states that, with respect to any accident, an employee has to provide written notice of the time, place and nature of the injury, and the name and address of the person injured to the employer, no later than thirty days after the accident, unless the employer was not prejudiced by failure to receive the notice. There is also a notice requirement for occupational disease or repetitive trauma injuries. The employee has to provide written notice of the time, place of injury, and the name and address of the person injured to the employer, no later than thirty days after the diagnosis of the condition, unless the employee can prove that the employer was not prejudiced by failure to receive the notice. The employee can still file a Claim for Compensation with the Division within applicable statutory period of limitations. The Administrative Law Judge, Commission or the Court of Appeals would determine the issue on whether the employee provided the notice to the employer or whether th
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