Workers Compensation | Forthwith Reporting

In Arizona employers are required to provide worker’s compensation insurance to their employees in case of an injury on the job. If the employee is injured, he has a duty to report the injury to his employer in a timely manner. This is called “forthwith reporting.” Reporting the injury means that the injured worker needs to inform their employer that they have an injury and that it occurred doing work activities. It is usually not enough to just say, “My back hurts” without also letting the employer know it was due to work activities unless other information is available to show a “reasonably conscientious” employer that the injury was caused by work.

The duty to report the injury in a timely manner allows the employer to then investigate the accident promptly and send the injured worker for medical care before the injury worsens. The “timeliness” of the reporting is open to interpretation. If the injured worker waits to report the injury that leads to witnesses disappearing or their injury worsening then they may have prejudiced the employer and this can result in the Industrial Commission judge denying their claim.

The Commission may excuse late reporting if the delay in reporting was because the injured worker did not realize they were injured right away or did not realize that the injury was caused by work activities right away. Sometimes injuries are not readily apparent or the cause of the injury is not clear. This may be a valid excuse for reporting an injury late. Additionally, the Commission may also excuse late reporting if the applicant can show their employer was not prejudiced in their ability to provide early diagnosis and treatment or in investigating the claim.

Ben Manion, Esq.

            In conclusion, it is important to report your injury to your employer in a timely manner in order to quickly receive the proper medical care and investigation of the accident. If an accident is reported late it may be excused if the employer’s investigation was not hampered and the worker’s injury was not aggravated due to the delay in reporting. In general, the more quickly an injury is reported the better for both the employee and employer.

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