Reporting Notification of Injury
injured employee
reporting a work INJURY is mandatory by law
Any employee injured at work is required by law to notify the employer of such work-injury within 30-days from the date of injury, including the insurance provider and the Commission. To notify and report an injury, the employee must use ASG STD-28 Form: Employee's Notice of Injury Report (ASG STD-28 Form). A copy of the completed form must be delivered or submitted directly to the employer, insurance provider, and the Commission's Office within the set days as prescribed.
The submission of this injury reporting notification before the Commission or the employer does initiate the filing of a claim for workmen's compensation. Filing a claim for either workmen's compensation disability or death benefits is a separate process.
failure to NOTIFY AN injury:
Any employee failing or neglect to report and notify a work injury to his or her employer does not bar an employee to file a claim. However, the employee's claim can be barred if an objection is raised before the Commissioner at the employee's first informal hearing of a claim for compensation in respect to such injury or death. If the objection is valid, the claim will automatically be barred.
The Commissioner may excuse an employee for such failure to report a work injury only on the following circumstances:
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The Commissioner determines that the employer or carrier having knowledge of the injury or death had been prejudiced against the employee which cause him or her to fail to give such notice;
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The Commissioner excuses such failure on the ground that for some satisfactory reason such notice could not be given.