- This is an advantage for everyone, not a penalty.
- More immediate notice of injury has several important advantages for workers and employers.
- Prompt injury reporting leads to:
- Early medical diagnosis
- Faster, more effective medical treatment
- Better medical outcomes
- These are simple facts supported by American Medical Association guidelines and numerous medical studies.
- Prompt injury reporting also supports:
- Timely investigation of the claim and availability of witnesses
- Timely post-accident drug/alcohol testing, where desired
- Coworkers exposed to unsafe conditions for shorter periods of time
- Employers emphasize the reporting timeframe to their employees through multiple communication methods, including Summary Plan Description booklets required by law, highlights brochures, computer-based learning modules, wallet cards, posters in the workplace, communication from supervisors and periodic retraining. To paraphrase the U.S. Homeland Security mantra: “If you experience something, say something.”
- Immediate notice of injury requirements must be subject to a “good cause” exception to handle unique situations. This good cause exception, coupled with the claim administrator’s duty to act as a fiduciary in application of the benefit plan’s terms, is an important “check and balance.”
- In view of the above advantages to immediate reporting, why does Texas workers’ compensation allow 30 days (plus a good cause exception) to report injuries that the employee knows about? That works well for no one.
- Prompt injury reporting also supports:
- Prompt injury reporting leads to: