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John, Employment Lawyer
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Experience:  Exclusively practice labor and employment law.
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Im a supervisor at a large company and I have an employee

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I'm a supervisor at a large company and I have an employee that had a fall at work on 01/02/13 but didn't report it to me right away. She mentioned the incident on casual conversation about two weeks after it happened and I asked if she was ok and she said yes and I didn't file an incident report. Then in April 24, 2013 she goes out ill and in April 29 she gives me a call to report the incident and to relate the absence to that incident. Am I at fault here for not reporting it right away after she told me? Can my employer take action against me?
She did have the information about the doctors for Workman's COMP so she could have called them at any time.
Submitted: 10 months ago.
Category: Employment Law
Expert:  John replied 10 months ago.
Hi, My name is XXXXX XXXXX I’m happy to assist you with your question today.

This wouldn't be considered your or anyone's "fault". An employee has the duty to report workplace injuries within 21 days of the injury or when he/she knows of the progression of a progressive condition. If an employer has reason to suspect the employee suffered a injury, they have to report it to the carrier. In this instance I don't see how you would be expected to report an injury when the employee said she was ok. There is no right of an employer to take action against a manager for not reporting an injury in any event. So, to answer your question - you have no liability to the employee, employer or workers comp insurance carrier, and the employer has no claim against you for the same.

I believe this answers your question. However, if you need clarification or have follow-up questions regarding this matter, I will be happy to continue our conversation – simply reply to this answer. If you are otherwise satisfied with my response, please leave a positive rating as it is the only way I am able to get credit for my answers. Thank you, XXXXX XXXXX wish you all the best with this matter.

John, Employment Lawyer
Category: Employment Law
Satisfied Customers: 2797
Experience: Exclusively practice labor and employment law.
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