Knowledge Base

What can an employer do if a worker reports an injury a week later, and did not report the injury right away?

Amanda (TeksMed Services): This depends on the circumstances, failure to report is not always necessary a bar to claim but can be depending on the situation and circumstances. One would need to review the specifics for a recommended action, but generally one can always ask WCB to investigate or if the factors are strong enough object to acceptance.

Also, no first aid report and no proof of the injury. What if the worker in question has a history of claiming WCB?

Amanda (TeksMed Services): Again, it depends on the specifics, WCB does see a worker’s claim history when filing a claim and that is not a bar to acceptance but can be considered by the Board. This being said, employers are always free to ask WCB to investigate and/or protest the acceptance based on the specific concerns regarding each case.

What if worker has no prior history of claiming WCB, but they are very much aware that they must report to injuries immediately at work but did not?

Amanda (TeksMed Services): This alone is not generally enough to bar a claim. Again, it very much depends on the circumstances and if the delay can be considered reasonable in the circumstances.