When do you report an injury at work?

In general, I would recommend always reporting a work-related injury immediately. But there are consequences to reporting as well as not reporting, so let’s talk about those so you are making an informed decision.

Under NC Workers’ Compensation Law, you are technically supposed to report an on the job injury in writing to your employer within 30 days of the incident giving rise to the injury. The best way to do that is to file a Form 18. That form gives you instructions on how to do that, but the main thing is you’re also simultaneously reporting it to the NC Industrial Commission, the quasi-judicial body that oversees the administration of Worker’s Comp claims in NC. This is the safest way to put everyone on notice that you might have a Worker’s Comp claim.

“Might have?” you say. “But I was hurt on the job! Doesn’t that mean I DEFINITELY have a worker’s comp claim?” No, my friend, I’m afraid it doesn’t. Under NC Law, you have to have suffered “an injury by accident, arising out of AND sustained in the course of your employment with the employer.” That’s a lot of little words that have very big and precise definitions, but for purposes of this article, just understand that simply having a workplace injury DOES NOT guarantee you coverage under Worker’s Comp. But reporting your injury immediately at least keeps you from running afoul of that 30 day deadline, so if you even think you have one, it’s probably a good idea to report it.

But we live in the real world, right? Sadly, some employers are less understanding than others and a report of a workplace injury is a 1 way ticket to the unemployment office. Firing you for reporting an injury is probably a violation of the NC Retaliatory Discrimination Act, but that’s another legal battle for you, and as the administration leaving the White House as of yesterday has shown us, simply breaking laws doesn’t mean that the bad guys will suffer any penalties; someone has to go after them, and even then it’s not always successful.

For me, whether or not to report an injury on the job is a case by case sort of scenario wherein you must consider all of the facts? Generally speaking, I’d say the less significant the injury, the less your likely need for Worker’s Comp benefits, so the less urgent it would be for your to report it. Conversely, the more significant the injury, the more urgent the need for reporting. Also, consider your access to medical care v. the likelihood your boss will fire you v. your ability to walk away from this job. If you can get adequate care for your injury without Worker’s Comp benefits and you’re more worried about losing your job than you are about getting Comp benefits, then you make the decision that’s right for you.

I think different attorneys might handle this question in slightly different ways. I tend to err on the side of giving as much information as I can and then letting the potential client decide what to do. I know about the law, but they know about their life way better than I ever will, so ultimately they’re in a better position to make that call. But this is all the more reason that you should talk to someone that can inform you as to your rights. So if you’re hurt on the job, call a lawyer and get some help in figuring out what you should do. Call me at 919-929-2992.