Providing Notice of Your Injury

A common issue that arises in workers’ compensation cases is whether proper notice of the injury has been given. Around this issue, typical phrases I hear are “the boss knew I was hurting,” or “my co-worker saw it happen.” That alone may not be enough to satisfy the notice requirement under Idaho law. And if notice is insufficient, you may be entirely barred from receiving any workers’ compensation benefits.

Under Idaho’s workers’ compensation law, an employee injured on the job must give his employer written notice of his injuries “as soon as practicable but not later than sixty (60) days” following the accident, otherwise the employee will be barred from pursuing a claim for workers’ compensation. Idaho Code §§ 72-701-702.

An injured employee who does not give written notice or who gives written notice after expiration of the sixty-day time period may still be able to pursue a claim for workers’ compensation if the employee can prove that “the employer, his agent or representative had knowledge of the injury … or that the employer has not been prejudiced by such delay or want of notice.” Idaho Code § 72–704. “The burden of proof is on a claimant who has not given notice of the accident to show that no prejudice resulted to the employer on account of such want of giving notice.” Murray–Donahue v. National Car Rental License Ass’n, 127 Idaho 337, 340, 900 P.2d 1348, 1351 (1995). Claimant bears a difficult burden to prove a negative when compelled to establish that Employer was not prejudiced. Mora v. Pheasant Ridge Development, Inc., 2008 IIC 0548.

Notice may be insufficient if reported or witnessed by an individual who holds a position lateral to the injured worker. Noble v. JH Kelly, LLC, 100814 IDWC, IC 2011-016162. “A co-worker who had no responsibility to report Claimant’s accident, witnessed the fall, should not bind employer with knowledge of the accident.” Typically, providing notice to your immediate supervisor is sufficient to satisfy notice, but you may not be providing sufficient notice if only informing subordinates or employees on your level.

In Murray-Donahue, the claimant alleged she hurt her back while traveling for work. The claimant soon told her supervisor, “We had difficulty in Boston and that I was having problems with my back.” The Court found the phrase ambiguous, noting it could mean “mere discomfort unconnected to a workplace injury.” The Court held, under the circumstances, there was not enough detail provided by the Claimant to put the employer on notice that an accident had occurred.

In Chadwick v. Multi-State Elec, 159 Idaho 451, 362 P.3d 526, (2015), the claimant told his supervisor that his back hurt. He asserted that it was his supervisor’s responsibility to investigate and see if his back pain was related to work. The Court rejected this argument and wrote oral notice is sufficient when the notice “provided the supervisor with knowledge of the injury and the source of the injury.”

Providing notice is extremely important if you want to receive workers’ compensation benefits. What can you do to avoid these notice pratfalls?

1. Give notice of your accident TO YOUR SUPERVISOR as soon as practicable (and always strive for less than sixty days). The best time to give notice is immediately.
2. If you are able, you should text, email, or otherwise provide written notice. Always keep a copy of the notice in more than one place (for instance on your phone and your computer).
3. Be specific. Telling your employer that you are hurting is probably not enough. Tell them why you think the pain is related to work (accident, overuse, etc.).
4. Never assume the injury has been witnessed or reported. Always follow up.
5. If the employer is failing to act after reporting the injury, contact the Idaho Industrial Commission or an attorney.

If you have any questions about the requirements of notice, your best bet is to contact a knowledgeable attorney about the issue.