Section EMP.04.05 — Reporting An Accident Or Diagnosis Of Cumulative Injury Or Occupational Disease

(a) Notice to Employer.

(1) Any incident that results or may result in injury to the worker should be reported by the end of the worker's shift. The incident must be reported to the employer by the worker or someone on the worker's behalf within 48 hours of the incident. In limited circumstances, the 48-hour time period may be extended upon a showing of good cause.

(2) A worker, who has been diagnosed with a cumulative injury or occupational disease and understands the relation of the disease to the employment, must report that diagnosis to the employer within 48 hours. In limited circumstances, the 48-hour time period may be extended upon a showing of good cause.

(3) The worker shall report the accident or diagnosis of cumulative injury or occupational disease by providing a written notice of the incident or diagnosis to the employer.

(A) If a worker is unable to file a written report within 48 hours for a reasonable reason, the worker must make an initial report of the incident or diagnosis through a method like leaving a telephone message.

(B) Timely initial verbal reports must be followed with a written notice as soon as possible.

(4) Notice of the injury shall be submitted to the worker's supervisor, the employer's designated worker's compensation representative, the Human Resources department, or a manager.

(5) If a worker does not make a timely report of an injury to the employer and the worker is aware or should have been aware of the connection between the employment and the injury, any claim for compensation based on that injury shall be barred.

(6) The absence of notice does not bar recovery under this Ordinance, if the employer was aware or should have been aware of the worker's injury, which was directly related to employment.

(b) After the employer receives notice, if the worker's injury persists beyond three (3) days, the employer shall notify the insurer.

(c) The insurer or their designee shall send information to the worker or the worker's beneficiaries about their worker's compensation rights and how to apply for benefits as soon as possible after receiving notice of the worker's injury from the employer.