What the Injured Worker Must Do

     If you have been injured at work, Section 31-294b of the Workers' Compensation Act instructs that the injured worker "shall immediately report the injury to his employer, or some person representing his employer."  Failure to report the injury immediately to the employer or appropriate representative of the employer may result in a reduction of benefits awarded for the injuries as a result of the prejudice suffered by the employer due to the delayed reporting of the injury.  

 

Once the injury is reported, the employer has reporting obligations of their own as they must submit the first report to the Workers' Compensation Commission.  That is not the end.  The injured worker must file a Form 30C in order to ensure that the claim has been properly noticed.  Failure to file a Form 30C may result in dismissal of the claim as untimely unless a saving provision applies. 

 

The insurance carrier may file a Form 43 if it intends to deny your claim. The insurance carrier must file a Form 36 if and when it intends to discontinue your benefits. Voluntary Agreements must be filed and approved by a commissioner for all accepted cases where the injured worker has missed more than three days of work due to the injury.

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In addition to these filings, there are many steps along the way in perfecting a workers' compensation claim.  The injured worker, for instance, must establish a prima facie case evidencing that the claimed injury arose out of and in the course of employment with the respondent employer.