When an Employer Doesn’t File the Incident Report

Workers’ Compensation Issues

Workers’ compensation is like everything else in life; it only runs smoothly if everyone does their part. Unfortunately, there are some situations in which someone drops the ball and the injured employee is left in a bad situation. Knowing your rights and proper procedures should help you avoid this type of circumstance.

Your Employer’s Responsibility

It’s your employer’s responsibility to have a few things in place so when an employee gets hurt the entire process runs smoothly. For example, a workers’ compensation law compliance notice should be posted at the job site. Employees who are injured at work should be given proper and immediate treatment, no matter the cause. Employees should not lose their job because of the incident. When employers fulfill their responsibilities, everyone in the workplace feels more safe and secure.

Reporting the Incident

As an injured employee, it’s your responsibility to report the injury to your employer. If the employer witnessed the accident, you may not be required to make a report, but it could be smart to get it in writing and handed to your employer anyway. You typically only have about 30 days to do this, so it’s important to do it as soon as possible. After you have reported the injury to your employer, he or she must report the incident to the workers’ compensation board office and the employer’s insurance provider. This also has a certain time limit associated with it, so you may want to stay in contact with your employer to ensure it gets done.

Fixing a Poor Situation

If for some reason your employer did not file an incident report — either accidentally or on purpose — you should take action immediately. Contact the workers’ compensation board office to determine what you should do next. You may want to provide them a copy of the report you gave to your employer to show you did your part on time. Someone at this office can help you fill out the proper forms to get the process started.

You should also contact a workers’ compensation attorney, like a Newark workers’ compensation attorney. He or she can ensure all legal measures are properly taken so you receive what you are entitled to, especially since the employer didn’t follow through.

Getting in Touch with an Attorney

If you have been injured in a workplace incident and are worried about your claim being reported on time, speak with a workers’ compensation attorney. The professionals can help to ensure everything gets handled appropriately and within the right about of time. 

Thanks to Rispoli & Borneo, P.C. for their insight into what to do when an employer doesn’t file an incident report for workers’ compensation.