Short answer. Not necessarily. The Labor Code asks for notice within five days of the contingency, but it also dispenses with notice entirely where the employer or his representatives already knew. Two weeks is past the period, yet the practical question is what your employer knew and when.

What the law says

Notice of sickness, injury or death shall be given to the employer by the employee or by his dependents or anybody on his behalf within five days from the occurrence of the contingency.

Labor Code, Article 206 — Notice Of Contingency. Read the full provision →

What the five days are for

The period exists so the employer can record and verify the contingency while it can still be checked — the logbook entry he must make runs from his notice or knowledge of the event. Reading the notice rule against that purpose matters, because the article is not framed as a forfeiture clause. It states a duty to give notice and a period for doing it; it does not say a late notice extinguishes the underlying entitlement to benefits.

The knowledge exception often disposes of the problem

Before worrying about the delay, ask what your employer already knew. The article provides that no notice to the employer shall be required if the contingency is known to the employer or his agents or representatives. An accident that happened on the premises, was seen by a supervisor, was logged by a guard, or led to a shift being covered was known to the employer from the outset. In that situation you were never under the notice duty that the two weeks supposedly breached.

Injuries that reveal themselves late

Delay is very common where the harm was not obvious at first — a strain that worsened, an exposure whose effects appeared later, an internal injury diagnosed at a follow-up. It is worth being precise about what actually happened on which date, because the account that explains the gap is usually the medical chronology: when you first felt it, when you first sought treatment, and when the condition was identified. Reconstruct that timeline before anyone characterises the delay as an unexplained silence.

What to do now

Put the report in writing if you have not already, giving the date of the incident, the date you first told anyone, and to whom. Gather the medical records with their dates, any message or call log from the day it happened, and the names of witnesses. Ask whether the incident was entered in the company logbook. Then take advice on the specific claim rather than assuming it is gone — the delay is a fact to be explained, not automatically a bar.

Related provisions

Note. Statute text quoted on this page is reproduced from the official enactment and is linked to the full provision. The explanation around it is general legal information from Vivas & Nobles Law Office, not legal advice. Whether it applies to your situation depends on facts only a lawyer reviewing them can assess.