Employee Notice of Injury by Accident

Document created by 1002043 on Nov 5, 2015Last modified by 1002043 on Nov 22, 2015
Version 1Show Document
  • View in full screen mode

george pic for news.jpgWithin five days after an employer has "knowledge" of the occurrence of an injury to an employee which causes his absence for more than one day or medical expenses in excess of $2,000 the employer must report the injury on Commission Form 19.  We frequently get asked by employers what it means to have "knowledge" of an accident.

 

The language regarding notification requirements found in NC General Statute 97-22 requires an employee, injured while on the job by accident, to provide written notice of the accident to his/her employer within thirty (30) days "unless it can be shown that the employer, his agent or representative, had knowledge of the accident." The NC Supreme court has ruled that when an employer has actual notice of the accident the employee need not provide written notice of such.  Such knowledge can be obtained by an employee's verbal notification to a supervisor, manager, HR, etc.  It can also be obtained if the employer is present and witnesses the incident.  The Court further added that the employer's "actual notice" or "knowledge" of an accident sets in play the employer's duties to notify the North Carolina Industrial Commission (NCIC) within five (5) days of the notice of the injury by accident, and to also notify the employee/claimant within fourteen (14) days of its decision to accept or deny the claim for the injury.

 

This decision by the North Carolina Supreme Court is consistent with the advice that CAI has historically provided to our members.  CAI's position has been that if an injured employee verbally notifies the employer (supervisor, manager, HR, etc.) within thirty (30) days of an accident, written notice by the employee is not necessary because the employer has knowledge.

 

Although North Carolina employees have thirty (30) days by law to report a work-related injury by accident to their employer, this does not prevent employers from having a written and communicated policy requiring that employees notify them sooner. Such a policy will  help improve the accuracy of the data collected to ensure a complete and accurate report.  If employees do not comply, the employer, at its discretion, may take progressive disciplinary action as appropriate. Understand that employees will still be eligible for workers' compensation benefits if they meet the thirty (30) day requirement but they have now also been put on notice of the employer's accelerated reporting requirement.

 

For more information, read the complete NCGS 97-22.  If you have any safety related questions please call our Advice & Resolution team. 

Recent News Articles

 

Giving Thanks to Those Around You

 

5 Great Interview Questions to Assess Cultural Fit

 

Get Recognized for Your HR Efforts

 

Suffering from FMLA Abuse?  Here's a Radical Idea…

 

A Good Job Description is An Important Management Tool

 

Six Months After Ambush Rules

 

Employee Notice of Injury by Accident

 

BREAKING NEWS: New Overtime Rule May Come Later Than Anticipated per DOL

 

CAI Releases Preliminary Pay Increase Trends

 

myCAI Turns One Year Old

 

How Do Your Leaders Compare to Navy SEALS?

 

How Do You Prioritize Multiple Garnishments For The Same Employee?

 

Upcoming 'Developing Potential' Webinar

 

Unemployment Benefits Reserve Restored

 

ALERT: YOU CAN NOW READ THE CAI NEWS WITHOUT LOGGING IN!!

 

Employers Advised to Factor the New Overtime Rule into 2016 Expense Budget

 

Do Women Make Better Managers Than Men?

 

CAI Survey Snapshot: What Areas Saw the Most Gains in Employee Satisfaction

 

Engaging Your Employees Requires an Understating of Human Behavior

 

Winter Months Bring Seasonal HR Challenges

 

Two Basic Things Employees Need From Their Boss

 

Tips to Make Your Presentation Unforgettable

 

FLSA's "Hot Goods" Provision

 

The Journey of an HR Business Partner: Where Are You?

 

Preparing for the USDOL's New Overtime Rule

 

Keys to an Effective Performance Incentive Program

 

The FLSA's Nursing Mother Amendment

 

Telecommuting Should Be Carefully Planned

 

Talent Management: Processes, execution trump fancy systems

 

The Six Most Common Talent Management Mistakes

 

Workplace Rudeness is Highly Contagious, Study Says

 

Using HR Metrics to Drive Business Results through Talent

Attachments

    Outcomes