How long do I have to report a workplace injury?
There’s really no clear cut answer to that because there are certain variables that come into play. Obviously you need to report your injury to your employer or to your supervisor as soon as possible. There are statutes of limitations that apply for workers’ comp cases and if it’s an injury you sustained that warrants filing a comp claim you only have six months from the date of your injury to file a workers’ compensation claim. Likewise there is a two year statute of limitations to file a civil action because of your workplace injury. The actual reporting of your injury to the authorities whether it be to OSHA, if you’re working in a non mining context, or to the West Virginia Office of Miner’s Health Safety and Training or MSHA, depends. There are numerous deadlines that are set forth in the law but that responsibility rests with your employer or the company. That’s why it’s important to make sure you have a seasoned lawyer who understands what your rights are and what the rules that apply to this type of work can be. Sometimes employers won’t always report your injury and it’s important that you have a lawyer who will contact the authorities to see if your injury has been reported. If you or a loved one has suffered a workplace injury please give us a call to discuss your rights.