Workplace injury

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Workplace injury

My employer requires the reporting of an on
duty injury within 24 hours.

My question is….my ‘injury’ is hand-wrist-finger
pain that has gotten worse over the last few
weeks to the point where it is difficult to do the
job. There hasnt been s single injury or
incident, it’s just gotten worse over time.

Have I failed to report this timely? I’m not sure
how to continue.

Thank you.

Asked on June 13, 2016 under Employment Labor Law, Indiana

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

Generally, this sort of repetitive strain or stress problem (which is what it sounds like) is not considered an "injury" in the sense that requires reporting like this--generally, the type of reporting requirement you describe applies to acute injuries, like cutting yourself, breaking something, etc. That said, if you don't have a written employment contract protecting your employment, you are an "employee at will" and your employer could choose to discipline you for not reporting this earlier (since if you are an employee at will, they could discipline you for any reason whatsoever). On the other hand, if it's affecting your job, the employer will notice soon, anyway; and you may be entitled to disability or some other compensation. You therefore most likely should report this.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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