State workers' compensation notice of injury requirements

State workers' compensation notice of injury requirements

  • Alabama. Notice must be provided by the employee, in writing, within five days of the injury. Failure of notice is excusable up to 90 days.

  • Alaska. Notice must be given in writing to the Workers' Compensation Board and the employer within 30 days. Late notice is excusable; but if late notice is excused, the burden of proof shifts to the claimant.

  • Arizona. Notice is to be given upon injury (forthwith). Failure of notice is excusable.

  • Arkansas. Injuries must be reported to the employer immediately. Failure of notice is excusable under certain circumstances.

  • California. Notice of an injury must be provided to the employer within 30 days, but failure of notice is excusable. Within one day of receiving notice or having knowledge of an injury, the employer must provide the injured worker with a claim form.

  • Colorado. Notice must be given within four days of an injury. Failure of notice is excusable; however, a claimant may lose up to one day's compensation for each day's delay.

  • Connecticut. Injured employees are required to give immediate notice of their injuries to the employer; however, failure of notice is excusable. Lack of notice will be excused if there is a voluntary agreement or the employer voluntarily provided medical treatment within one year after the accident.

  • Delaware. If notice is not given within 90 days after an injury, no compensation is due until notice is given or until the employer has knowledge of the injury.

  • District of Columbia. Written notice within 30 days must be provided to the employer, but failure of notice is excusable.

  • District of Columbia. Notice must be given within 48 hours of an injury; extensions are possible for cause.

  • Government Workers (Federal Employees Compensation Act). Notice must be provided within 48 hours of an injury; the time period for giving notice may be extended for cause.

  • Florida. Notice must be in writing within 30 days after an injury; failure of notice is excusable.

  • Georgia. Notice is required within 30 days of an injury; failure of notice is excusable.

  • Hawaii. Notice must be provided upon injury; however, failure of notice is excusable.

  • Idaho. Written notice must be provided within 60 days after a work-related accident; failure of notice is excusable.

  • Illinois. Notice must be given within 45 days of an injury. For radiological injury, notice must be given within 90 days after the employee knows or suspects that he or she has received an excessive dose of radiation.

  • Indiana. Notice of an injury must be given to the employer in writing as soon as practicable after the injury; failure of notice is excusable. Compensation accrues from the date of notice if notice is given more than 30 days after the injury.

  • Iowa. Notice must be given within 90 days after an injury, unless the employer has actual knowledge of the injury.

  • Kansas. Notice must be given within ten days of an injury; failure of notice is excusable.

  • Kentucky. The employer must receive written notice of an injury as soon as practicable; failure of notice is excusable.

  • Louisiana. An injured employee must provide the employer with notice of the injury within 30 days (12 months if the employer fails to post the requirement of notice); failure of notice is excusable.

  • Maine. Notice of an injury must be given within 30 days and notice of death must be given within three months; failure of notice is excusable.

  • Maryland. Notice is required within ten days after an injury (30 days in the case of a hernia) and 30 days after a work-related death; failure of notice is excusable.

  • Massachusetts. Written notice is required as soon as practicable; failure of notice is excusable.

  • Michigan. Notice must be received by the employer within 90 days after an injury; failure of notice is excusable.

  • Minnesota. Notice is required within 30 days unless the employer has actual knowledge; failure of notice is excusable for up to 180 days unless prejudice is shown.

  • Mississippi. Notice must be provided within 30 days of an injury; failure of notice is excusable.

  • Missouri. The employer must receive written notice within 30 days of an injury unless the employer has actual knowledge of the injury.

  • The Division of Workers' Compensation then notifies the employee of his or her rights regarding compensation for the injury.

  • Montana. Injuries not resulting in death must be reported to the employer within 30 days unless the employer has actual knowledge of the injury.

  • Nebraska. The employer must receive written notice as soon as practicable after an injury; failure of notice is excusable.

  • Nevada. An injured employee is required to give immediate notice to the employer. In the case of an occupational disease, the employee must give notice within 90 days after he or she has knowledge of the disability and its relation to the employment or notice must be given within one year after death.

  • New Hampshire. Notice must be given as soon as practicable, but no later than two years after the date of injury.

  • New Jersey. Notice must be given within 14 days after an injury; failure of notice is excusable up to 90 days. Separate notice provisions exist for occupational diseases.

  • New Mexico. Notice in writing must be given within 15 days of a work-related injury; failure of notice is excusable up to 60 days.

  • New York. Notice is to be in writing within 30 days of an injury; failure of notice is excusable.

  • North Carolina. Notice of an injury must be given to the employer within 30 days; failure of notice is excusable.

  • North Dakota. No notice required.

  • Ohio. No notice is required except in the case of a self-insured employer.

  • Oklahoma. Notice must be given in writing within 60 days of an injury; failure of notice is excusable.

  • Oregon. Written notice is required within 30 days of an injury; failure of notice is excusable.

  • Pennsylvania. Notice is required within 21 days of an injury, but is excusable up to 120 days. No compensation is due until notice is given.

  • Puerto Rico. No notice is required to employers.

  • Rhode Island. Notice must be given in writing within 30 days of an injury; failure of notice is excusable.

  • South Carolina. Notice must be given in writing as soon as practicable or within 90 days; failure of notice is excusable.

  • South Dakota. Notice must be given in writing as soon as practicable within 30 days; failure of notice is excusable.

  • Tennessee. Notice must be given within 30 days and must be written if the employer does not have actual knowledge of the injury. Failure of notice is excusable up to one year.

  • Texas. Notice must be given within 30 days of an injury; failure of notice is excusable.

  • Utah. Notice must be given within 180 days.

  • Vermont. Notice must be given in writing as soon as practicable; failure of notice is excusable.

  • Virginia. Written notice of an injury must be given to an employer within 30 days.

  • Washington. Immediate notice of an injury is required.

  • West Virginia. Notice of an injury must be given immediately.

  • Wisconsin. Notice must be given within 30 days; failure of notice is excusable.

  • Wyoming. The employer must be notified of an injury within 72 hours (and the court must be notified within 10 days); failure of notice is excusable.

Reprinted with permission. © CCH
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