Can I Sue My Employer For Not Reporting My Injury?
Attorney Advertisement by Edwin Aiwazian of Lawyers For Justice, PC, headquartered at 410 Arden Avenue, Glendale, CA 91203
If you have been injured on the job and your employer has not reported your injury, you may have legal options. Generally, employers are required to report workplace injuries to the appropriate government agency or insurance company and to provide workers’ compensation benefits to any injured worker.
In most cases, when an employee suffers a work injury, the first step is filing a workers’ compensation claim with their employer or their insurance company. If the employer fails to report a work related injury from injured employees, they could be in breach of California’s workers’ compensation process. In that case, it is wise to consult with an experienced workers’ comp lawyer to understand the details about workers comp benefits and how a workers compensation attorney can help recover compensation for injured workers. A workers’ comp claim is a powerful component for injured workers to let their employer know their workplace injury is serious.
Workers’ compensation laws and workers’ compensation benefits can vary by state, and there may be specific deadlines for filing a workers’ comp claim or pursuing legal action – especially if an employer refuses to recognize the workplace injury. It’s crucial to act quickly if an inured worker believes their employer has failed to report their work related injury or provide the appropriate workers’ compensation benefits.
Why Is Reporting Workers’ Compensation Claims Important?
A workers’ compensation claim is a an injured best defense in getting their work related injuries and medical treatment compensated by their employers so they do not incur medical expenses and other out-of-pocket costs.
Workers’ comp benefits often take a lengthy period time for the insurance company to process and approve the workers’ comp claim paperwork. Therefore, the earlier injured workers report their work related injuries, the sooner the workers’ compensation claim can be filed and the sooner it can be resolved for injured employee, the the employer, and any insurance company that becomes involved. The sooner a workers’ compensation claim is filed, the sooner the injured worker can collect benefits and return to work, as well as assisting the insurance company with processing the workers’ comp claim. It also could be cheaper for everyone involved.
What if an Employer Refuses to Report Injuries?
If your employer neglects to report your injury, you have options. Start by reaching out to the Bureau of Workers’ Compensation. If necessary, you can take further steps, such as filing a Petition for Penalties. These actions hold your employer accountable and ensure your rights are protected.
Under state law, though each state can vary, most employer’s are required to have an insurance carrier. If an employee experiences a job related injury and the employer does not report that injury to their insurance carrier, they could be violating state workers’ compensation laws.
Sometime an employer may not report the injury of an injured worker because they are not insured. In California, “failing to have workers’ compensation coverage is a criminal offense. Section 3700.5 of the California Labor Code makes it a misdemeanor punishable by either a fine of not less than $10,000 or imprisonment in the county jail for up to one year, or both. Additionally, the state issues penalties of up to $100,000 against illegally uninsured employers.”
An injured employee can sue their employer if they do not abide by workers’ compensation laws.
FAQ
can i sue my employer for denying workers’ comp? You may be able to file a civil lawsuit if your workers’ compensation benefits were denied or stripped from you, without an explanation, when you went to report your injury.
what happens if i get hurt at work and don’t report it? If you do not report your injury and you miss the deadline to file a workers’ compensation claim in a timely manner, your employer may not be forced to pay workers’ compensation benefits for the injury.
how to report an injury at work? After the accident, usually a worker would file an injury report within their company so the accident, or injury is documented. After reporting the injury to your employer, you should seek immediate medical attention (which should also be documented). Some employees will file a workers’ compensation claim form at work, or with the appropriate state workers’ compensation board.
what to do when workers comp wont pay? Depending on the injury, it may be a good ida to call an employment lawyer, like the ones at Lawyers for Justice, PC, to explore additional legal options.
can an employer deny medical attention? If an employer refuses to provide a worker with medical care, reach out to an experienced employment lawyer for help.
how to make a claim for injury at work? Your employer must give or mail you a workers’ comp claim form within one working day after learning about your injury or illness. If they don’t, you can download it from the forms page of the DWC website.
how long do i have to sue for work-related injuries? Typically, in California, you must report a workplace injury within 30 days of the accident and file a workplace compensation claim within one year.
can i sue my employer for denying workers’ comp? You may be able to sue for being denied workers’ comp. A workers’ compensation attorney can help.
Need Help with a Workers’ Compensation Claim?
Lawyers for Justice, PC offers a free consultation for employees who have suffered work related injuries and have incurred medical expenses and lost wages. Call (818) JUSTICE if today to speak to an experienced workers’ comp lawyer.