Workers' Compensation Injury Notices

Current law requires an injured employee or someone else with knowledge of the injury to notify the employer within 4 days after the occurrence of an on-the-job injury, authorizes a reduction in compensation to the injured employee for failure to timely notify the employer, and tolls the 4-day period if the employer has failed to post a notice specifying the injured employee's notification deadline. The act changes the 4-day notice period to a 10-day notice period and prohibits a loss of compensation if the employer had actual notice of the injury or good cause is shown for the employee's failure to timely report the injury.

If an employer fails to provide a copy of the notice of the injury to the employee or fails to post the required notice to employees, the act specifies that the time period allotted to the employee to notify the employer of an injury is tolled for the duration of the failure.

The act also changes the notice that an employer is required to post in the workplace to require that the notice state the name of the insurer and that the:

• Employer is required to have and pay for workers' compensation insurance;
• Injured employee has rights under the law if the employer fails to carry workers' compensation insurance;
• Employee should notify employer if injured;
• Injury must be reported to the employer; and
• Employee may file a workers' compensation claim.

With regard to occupational diseases, the act also:

• Limits the ability of the director of the division of workers compensation to reduce compensation to an employee to circumstances where the employer does not have actual knowledge of the contraction of a disease or there is not good cause shown to provide timely notice of the disease; and
• Repeals the provision that states that an employer is deemed to waive a failure to give notice of an occupational disease or death resulting from the disease unless the employer objects at a hearing on the claim prior to any award or decision.
  (Note: This summary applies to this bill as enacted.)