I Failed to Notify My Employer of My Work-Related Injury. Can I Still Receive Workers’ Compensation?


Posted by: Chris

Seeking medical attention should be your first priority following a workplace injury. The next item on your to-do list should be notifying your employer of the injury. This is an important step in the process of securing workers’ compensation benefits. In fact, if you make the mistake of skipping over this step, you could lose the right to workers’ compensation benefits. 

How Long Do You Have to Notify Your Employer of Work-Related Injuries? 

In Oklahoma, workers must notify their employers of work-related injuries within 30 days of the date the injury was sustained. The notice can be oral or written.

It’s in your best interest to notify your employer as soon as possible instead of waiting until the 30-day period is almost over. Why? You cannot start the process of applying for workers’ compensation benefits until your employer has been notified. The longer you wait to tell your employer, the longer it will take to receive benefits.

What Happens If You Fail to Notify Your Employer Within 30 Days? 

The law states that it will be assumed that an injury is not work-related if it is not reported to your employer within 30 days. If an injury is not work-related, it is not covered by the workers’ compensation system, which means you will not receive benefits for it. Therefore, you could lose your right to workers’ compensation benefits simply by missing the 30-day deadline.

If you are in this situation, there is still a way for you to secure the benefits you deserve. To protect your right to compensation, you must show by a preponderance of evidence that your injuries are work-related.

An attorney can assist you with the process of gathering evidence that proves your injury is work-related. For example, an attorney can interview co-workers who witnessed the accident that caused your injuries. An attorney can also obtain surveillance footage from your employer to see if the accident was caught on film. If you were emailing a co-worker about what happened, your attorney can locate these messages and submit them as additional proof. Medical documentation may be needed as well, so your attorney can work with your healthcare providers to obtain these documents.

Missing the 30-day deadline can complicate your workers’ compensation claim, but you still have a chance at obtaining benefits even if you fail to meet this important deadline.

Did you forget to notify your employer of your work-related injury? If so, seek legal representation from the experienced attorneys at Armstrong & Vaught, P.L.C. at once. These cases are complex, so you will need an attorney by your side to fight for the workers’ compensation you deserve. Call us now at 918-582-2500, toll free at (800) 722-8880, or contact us online for a free consultation with a skilled attorney.