I'VE BEEN HURT AT WORK, DO I HAVE TO PUT MY EMPLOYER ON NOTICE OF MY INJURY? Massey, Stotser & Nichols P.C. Attorneys Birmingham Alabama

I'VE BEEN HURT AT WORK, DO I HAVE TO PUT MY EMPLOYER ON NOTICE OF MY INJURY?

Posted by: Micah Adkins
March 30, 2009
Topic: HURT AT WORK

I've been hurt on the job, do I have to put my employer on notice of my injury? In short, yes. Under the Alabama Workers' Compensation Act, an employee must give notice to the employer of the injury within five (5) days of the accident. Ala. Code (1975) Section 25-5-78. The notice requirement enables the employer to provide the employee quick access to medical care and treatment. In theory, the sooner the employee has access to medical care, the sooner the employee will be able to return to work.

Alternatively, the notice requirement is met if an employer has actual or constructive notice of the injury. In Russell, the Alabama Court of Civil Appeals defined actual knowledge as such information that would put a reasonable man on inquiry. Russell Coal Co. v. Williams, 550 So.2d 1007 (Ala. Civ. App. 1989). Constructive notice occurs when the employer observes an injury and has knowledge of surrounding facts connecting the injury to work. Virginia-Carolina Chem. Co. v. Cherry, 173 So. 86 (Ala. 1937). Also, oral notice may satisfy the notice requirement when the employer is notified that the injury occurred while in the line and scope of the employee's employment. Nabisco Biscuit Co. v. Slimp, 660 So.2d 991 (Ala Civ. App. 1993). Because notice is so important, it is a better idea, if possible, to giver your employer notice, in writing, as soon after the accident as you can.

If your employer is not given proper notice of the on the job injury, the Alabama Workers' Compensation Act can be unforgiving. For example, generally speaking, an employer is not required to pay for an employee's medical treatment. See Ex parte Gulf States Steel, Inc., 772 So.2d 1122 (Ala. 2000). However, the employee may be entitled to benefits if he can show "good reason" for not providing actual notice of the injury within ninety (90) days after the accident. See Ex parte Murray, 490 So.2d 1241 (Ala. 1986).

If you or a loved one has been hurt at work and your are not sure that the employer has notice of the on the job injury, contact attorney Micah Adkins for a confidential consultation.