How To File A Worker's Compensation Claim If Your Employer Refuses

If you are injured, you might assume that the process of being compensated for your injuries will be smooth. After all, your compensation will not come out of your employer's pocket, but will instead come from an insurance provider. However, some employers will halt the process of receiving compensation by refusing to report your injuries. Fortunately, there are steps you can take to resolve this issue.

Reporting Requirements

When you are injured, your employer is required to file the report to his or her worker's compensation insurance provider. If they fail to do this, you will not receive your benefits in a timely manner. You may find yourself with medical bills you're unable to pay for and lost wages if you are unable to return to work.

Reasons for Not Reporting

Employers fail to report injuries because they do not want you to be involved in the worker's compensation process. Like all insurance providers, worker's compensation insurance attempts to compensate you as little as possible for your injuries. The employer may also wish to force you to go back to work or to use a specific medical provider.

Reporting the Injury

If your employer is refusing to report your injuries, you can still document your injuries and begin the claim process. You should speak with a worker's compensation attorney about how to obtain a claim form in your state. 

Retaliation

You will especially want to speak with a worker's compensation attorney if your employer is threatening retaliation if you file a claim. Employers will often threaten to fire or punish their employees for filing a claim because they are concerned with their worker's compensation insurance policy increasing rates. They also may not want to spend time on the process.

Benefit Review Programs

There are some states that have benefit review programs. These programs are designed to help you resolve disputes so you will be able to seek the compensation you deserve with the least hassle possible.

Penalties

Your employer might face penalties for failing to cooperate after you have become injured. Even filing a claim late can lead to legal penalties. The state government will investigate the violations and will assess the penalties for the violation. 

Even after you have started your claim, you will likely need help from a workers compensation attorney. The insurance provider will do everything they can to reduce your settlement and discourage you from exercising your rights.