Companies attempting to manage workers' compensation expenses often express frustration over injury claims made by employees weeks or even months after the alleged incident occurred. In some situations, such as those involving occupational diseases, the employee legitimately may not have been aware of exposure to a harmful substance until symptoms occur a significant time later. However, in other circumstances, companies suspect that the delay in reporting the injury indicates that other factors led to the medical issue, or that the employee is claiming injury now to attempt to avoid disciplinary action for unrelated reasons.

Employers attempt to avoid these situations by adopting policies that mandate that employees immediately report workplace injuries. The policies typically state that failure to follow these instructions can lead to disciplinary action including termination. While use of these policies differs among states, employers generally may discipline workers who fail to follow these requirements. Consistent enforcement of these policies is crucial because failure to take action in one circumstance can lead to claims by a later disciplined employee of retaliation for making a workers' compensation complaint.

When faced with such disciplinary action, employees frequently claim that they were not aware that they had been injured until the time they reported the incident. For back injuries and similar musculoskeletal issues, the employer should carefully review the circumstances and medical information before concluding that the employee violated the reporting policy. If the employer concludes that it has credible evidence that the employee was aware of the injury and failed to promptly report it, they may take disciplinary action even if the claim turns out to be compensable under workers' compensation laws and rules.

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