Verbal Notice of Injury

Effective July 1, 1991, verbal notice of a claimant’s injury to the employer is not sufficient.  A claimant can be penalized if they fail to give written notice to the employer within four (4) days of the accident, or within thirty days after they realize they have an occupational disease.  The written notice can be given on the employer’s form, a form provided by the Division of Workers’ Compensation, or on a simple piece of paper.  If the employer receives notice of the claimant’s accident or occupational disease from persons other than claimant, or the employer actually witnesses the industrial injury, the claimaint might not be penalized if they fail to give written notice.  The claimant definitely will not be penalized if the employer fails to post a sign in the prominent place which advises the worker and fellow employees of the requirement to file written notice of the injury.  (Section 8-43-102, C.R.S.).