What To Do if Your Employer Does Not Report Your Injury

Workers Compensation Lawyer

Workers’ compensation is the system that allows employees who are injured while on the job to receive compensation for their injury. Workers’ comp typically provides employees with compensation for:

  • Medical costs
  • Lost wages
  • Disability benefits

The employer is meant to act as the liaison between the injured employee and the state agency or insurance company that provides workers’ comp. Unfortunately, some employers do not want to be held liable for injuries and will sometimes refuse to report the injury or take another action to prevent the injury from being reported. If this happens, it is important to understand what will happen next and what your legal rights are.

Reporting Your Injury

First things first, you should know how a workers’ comp claim is supposed to proceed. The employee needs to report the injury to the employer, who in turn needs to report it to either their insurance company or the state workers’ compensation agency. Each state handles compensation slightly differently. The employer also needs to provide the employee with the necessary paperwork to report the injury correctly. To ensure that you receive the compensation you are owed, it is vital that you report any injuries immediately. Delaying can increase the chance that the claim will never be filed or will be denied. You should also report any injury, even if you do not think it is major. If a minor injury becomes serious after a few days, it needs to already be on the books.

Obligations of the Employer

When an injury is reported to an employer, he or she is legally required to create a report and submit it. The exact nature of this report depends on which state you are in. Often, this is called an injury report, incident report, or accident report. If the employer does not submit the correct report, it is possible that you will not receive any workers’ compensation. Most private health insurance plans do not cover work-related injuries, so it is vital that you receive compensation through the correct channels. If you discover that your employer failed to report your claim, either by ignorance or malicious intent, you probably have a very strong case for a lawsuit against him or her. Most workers’ comp claims are investigated and resolved in two to four weeks, so if you have not heard anything by then, it is time to start preparing for legal action. Your rights have been violated and you have been caused harm. Seek out a work injury lawyer so you can receive the compensation that you are legally owed.

Source: Workers Compensation Lawyer Towson, MD, Greenberg Law Offices

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