Is Failure to Provide Written Notice to an Employer Still a Viable Defense? Of Course it Is!

One of the more seemingly futile defenses to a workers’ compensation claim is the defense originating from Section 18 of the Workers’ Compensation Law requiring a claimant to provide written notice to the employer within 30 days of an incident. The statute itself provides that late notice can be excused, provided the employer had actual notice or if the employer did not suffer any prejudice for the late notice. In many cases, the WCB has excused late notice to the employer in one way or …

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