If you are injured at work, you are usually entitled to workers compensation if you need treatment and are unable to go to work for a period to recover. It’s not your responsibility to report your injury to your employer’s workers’ compensation insurance provider, but your employer’s. You do need to tell your supervisor about the injury within a specific, state determined period of the accident taking place. After that it’s up to your employer to confirm with the insurer that the accident was reported. There are times when employers aren’t convinced that your injury took place at work and they decide not to file an accident report. If this has happened to you it’s important to contact a WC attorney to help you get the workers’ compensation you are entitled to. Why Employers Don’t Report an Employee’s Accident Sometimes it is just an administrative error, or the report about your accident never got to the right person in the company office. Employers should have an official accident reporting system so this shouldn’t normally happen. It could be because the employer doesn’t want the claim accepted. Even though the insurer covers the workers’ comp. payment another worker has to be found to fill the vacancy caused by the injury. There are other excuses your employer may use, including claiming that your accident and injury didn’t take place at work. There are some cases where the employer may try to convince the insurer that it was your deliberate malicious action that caused the injury, or that you were intoxicated when it happened. Some employers tell their employees they are not entitled to receive workers’ compensation anyway. What Employees are Usually Entitled to Receive in Workers’ Compensation Workers’ compensation is a workplace benefit that most employees are entitled to. If your employee tells you that you are not entitled to it because you caused the injury, this isn’t a reason to refuse to process your workers’ compensation claim. It’s a no-fault insurance claim which means that even if you were to blame for the accident and this contributed to the accident, you may still be entitled to receive workers’ comp. An employee is entitled to file a workers’ compensation claim, even as a new employee, working part time as an employee, even if the employee isn’t a U.S. citizen. The only workers who might not be entitled to receive workers’ compensation are domestic workers, independent contractors and certain categories of agricultural workers. Even undocumented workers may receive workers’ compensation benefits depending on their employer’s workers’ compensation policy. Talk to a Worker’s Compensation Attorney If you believe you have been unjustly treated by your employer you should contact a workers’ comp. attorney as soon as you can. It is illegal for an employer to deny workers’ comp. or fire an employee just for filing a workers’ compensation claim due to an injury that took place in the workplace. An attorney can negotiate with your employer or the insurer on your behalf to make ensure you get the workers’ comp. you deserve. Additional Resources Workers' Compensation Attorneys by State Should I Sign Medical Releases from My Employer’s Insurer?
