What Should I Do if My Employer Refuses to Report My Injury?
If your employer does not report your work-related injury, you should seek medical treatment, keep all documents related to your injury, and contact a workers’ compensation lawyer about getting compensation for your injury.
If you get injured at work or diagnosed with a disease that arises from a known occupational hazard, it is your responsibility to notify your employer, so that your employer can notify its workers’ compensation insurance company to open your claim. Beyond that, it is your employer’s responsibility. Many workers end up in a frustrating situation where employers and their insurers engage in leaps of logic to avoid paying your claim, when any reasonable person can see that your injury happened at work while you were doing your job. A less common scenario, but one that is equally vexing, is when employers fail to report employees’ work injuries, or even refuse to report them despite employees’ requests. If your employer refuses to report your injury to its insurance carrier and initiate your workers’ compensation claim, contact an Omaha workers’ compensation lawyer.
Reporting Requirements for Work Injuries
Employees should report work injuries as soon as they occur. Within 10 days of an employee notifying the employer of a work injury, the employer must file a First Report of Alleged Work Injury or Illness. If the employer or its insurer fails to file this report or open the claim, they can be charged with a criminal misdemeanor.
You Can Still Get Compensation if Your Employer Intentionally Delays Filing an Injury Report
If your employer does not file the report, you are still eligible for workers’ compensation. Your employer might still be waiting for more information from you, so you should double check with your employer to make sure you have provided all the documentation necessary for filing the report.
Even if your employer does not believe that the injury was work related, it is still responsible for filing the report. Merely filing the report does not guarantee that the insurance company will determine that the injury is compensable and pay your claim.
Meanwhile, you should seek medical treatment for your work injury to prevent the injury from getting worse. Keep all documents you receive from any healthcare providers so that, when your employer eventually submits the claim, you already have evidence that the injury is work-related and that you have been following medical advice. You should also contact a workers’ compensation lawyer as soon as it becomes obvious that your employer has not filed the report on time or if your employer tells you directly that they do not intend to file the report. Your lawyer can advise you on how best to get your claim paid.
Contact Andres Law Offices, PC LLO About Workers’ Compensation Claims
An Omaha workers’ compensation lawyer can help you if you notified your employer of your work injury, and your employer failed to follow up. Contact Andres Law Offices, PC LLO in Omaha, Nebraska about your case.