Can workers comp be collected if no report was made at time of injury?
Last week my husband slammed a box into his stomach while at work. It hurt but because he figured nothing much would come of it he said nothing. That night his abdomen ached. Over the last week that ache got worse but he kept assuming it was a pulled muscle. This morning he went to the hospital and found out that his appendix bust. The surgeon says it looks like it's been like this for about a week and that it's likely a trauma caused it. So how do we go about explaining this to his employer and starting workers comp?
Most likely it will be a lost cause. Seeing as he didn't make a. Report there is no real way to prove it didn't happen elsewhere. Not saying that it can't happen. Just that is likely not to.
It will be difficult but he still might be able to since he will be off work. However only if he is off work for more than a week, 14 days in some places.
Depending on the company and state you don't necessarily have be injured at work. I injured my thumb, dislocated, while fishing and was able to get compensation because I was off work for 16 days. Since the company offered a missed pay policy, which was really cheap and we all signed up for it, I ended up making more while I was off work than had I been working.
This is why most businesses require reporting of every accident including minor ones. It is also so that they can look at any potentially dangerous situations or problems in training.
It will be a struggle and a gamble, to apply for Comp...from a work-related injury, with no documentation. What might help somewhat, would be "witnesses" to the incident itself. If no one saw it happen, perhaps your husband TOLD someone about it, or discussed this accident with co-workers, at the time.
I would go ahead and TRY.....because it is worth it. One never knows the outcome unless they make the attempt.
It is so unfortunate that this happened. I wish him well. Important Lesson learned: Every single incident that occurs at work, however insignificant at the time, creates the possibility for "injuries" that may or may not have been seen or felt at the exact time of the accident. For this reason, employees must always take the minutes, to submit an accident report. This should be ingrained into the brain of every employee, everywhere.....by Human Resources, Employee Program Directors, Union Reps, etc .....
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