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February 2014 Archives

Telling your boss that your back "is hurting" is not proper notice of injury in a workers comp claim.

Just telling your boss that your back "is hurting" is not proper legal notice of the accident/injury in a workers compensation claim. The employer will later claim they thought you were complaining about back problems unrelated to work. In the case of Hartzell v. Palmetto Collision, LLC, 406 S.C. 233 (S.C. Ct. App. 2013), The South Carolina Worker's Compensation Commission found that the employee who told his employer that he "hurt his back" did not give sufficient notice of the work injury. The employee did not relate the back injury to his work so he failed to give proper legal notice under the South Carolina Worker's Compensation Act. Therefore, the claim was not compensable and was properly denied.

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