What your employer is supposed to do after a work injury
If you are injured at work, and you notify your employer (which you should always do as soon as possible), your employer is supposed to file a Form 45. This form, called Employer’s First Report of Injury, requires them to list the details of what happened when you got hurt.
It’s not uncommon for an employer to fail to do this, especially in a small company. Some employers don’t care, or they aren’t aware of the form in the first place. In other cases, the employer doesn’t want an official record of your injury because they’re hoping to avoid a claim. Illinois law says that an injured employee must notify their employer within 45 days after a work injury. When an employer files a Form 45, it shows that they had notice. If they don’t file this form, they could later try to say that you didn’t give them proper notice and that your claim should be denied because of it.
The best thing to do is make your own record of the notice. Send an e-mail, or write a letter (keeping a copy), that has the date and a brief explanation of what happened. It doesn’t have to be overly formal, and it doesn’t have to be on an official form. Just make sure you give the notice and make a record of it somehow. If your employer later tries to argue that you didn’t tell them within the deadline, you’ll have proof that you did.
Some injured workers think their injury is too minor to require taking any action. Some people are embarrassed, or afraid of being fired if they make a big deal out of it. Notifying your employer is a small task, it can be done with a quick e-mail, and it could save your claim if you end up having one. Try to think long term.
We are workers' compensation attorneys that help people with Illinois work injuries anywhere in IL via our statewide network of attorneys. Contact us and we will answer your questions or find the right lawyer for your situation.
