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Notice to employer

Employees are charged with giving notice to their employer in order to have a compensable claim.  There are different provisions for each class of injury.  The failure of a claimant to give proper notice under the statute can be a complete bar in some cases to the receipt of any benefits. 

In accidental injury cases, oral or written notice must be given to the employer within 10 days of the date of the injury.  If the employee dies as a result of the injury, notice of the injury must be given within 30 days.  The Commission can make exceptions and allow claims to proceed forward where proper notice was not given. 

In occupational disease cases, the notice requirement is somewhat different.  Written notice must be given to the employer within 1 year of the date of death of the employee or within 1 year after the employee knows or should know about the connection to the occupational disease and the employment.  The Commission can excuse the failure to give notice for good cause. 

In hernia cases, the employee must give notice to the employer within 30 days of the accident that caused the hernia.  Failure to give notice within this time period is a complete bar to recovery.