What happens if an employee doesn report a claim in a timely manner?
Provisions to the Workers Compensation Law (Title 85) effective November 1, 1997, state that there is a presumption against compensability if an employee or former employee fails to give oral or written notice of an injury to the employer or former employer within 30 days of the single event accident, or obtain medical treatment within 30 days. A presumption against compensability is also created if oral or written notice is not given to the employer by the employee within 90 days of the employee s separation from employment, in the case of an occupational disease or injury caused by cumulative trauma. With regard to injuries sustained prior to November 1, 1997, 60 days notice is required in a single event trauma and 180 days notice in the case of occupational disease or cumulative trauma.
