By Fred Lewis
In Chadwick, VA. Multi-state Electric, LLC. 159 Idaho 451 (2015) the Idaho Supreme Court held that the Claimant had failed to prove that the May 26th, 2012 caused damage to the physical structure of the body and the Claimant had failed to give the employer timely notice of the alleged accident. The Supreme Court pointed out the record was filled with inconsistent evidence from the Claimant in his medical records, recorded statement and deposition in regard to both of his alleged accidents.
But the Idaho Supreme Court held that notice requires notice of and injury and notice that the injury was caused by an accident arising out of and in the course of employment. Notice to the employer that the employee is experiencing pain or that the employee has received treatment for that pain, is insufficient to meet the notice requirement, since injury is defined as “a personal injury caused by an accident arising out of and in the course of any employment covered by the Workers’ Compensation law”. “Injury” and “accident” are not synonymous, notice must be of both, and injury and the cause of the injury.
So when you report your accident at work make sure you tell your employer “how” you were hurt, or the facts of the accident and what body parts were “injured“ as a result of the accident. Remember Idaho §72-701 you only have 60 days to tell your employer that you did have an accident and that it hurt you.
When you get hurt on the job you are going to have questions, please call me early so we can discuss your claim and make sure its been reported properly and then help you get to doctors that will give you the best medical treatment and support your Idaho Worker’s Compensation claim.
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