Can I Sue My Employer for Not Reporting My Injury?

Are you frustrated after finding out that your employer never reported your work injury? Believe it or not, this is fairly common, and you’re not alone. You may be missing out on wages, treatment, or even therapy because your employer didn’t follow through with filing a report. What exactly should your employer do? What happens if they didn’t file a report properly? What should your next steps be? Can you sue your employer for not reporting your injury? Should you sue them?

You’ve Reported Your Injury to Your Employer. What Is Next?

While the law varies by state and region, you should notify your employer of any injuries that happen at work as soon as possible. In the state of South Carolina, you generally must report an injury to your employer within 90 days of an accident. Reporting your injury to your employer quickly reduces the chance of your employer downplaying the incident or suggesting that it didn’t happen while at work. 

Once you’ve reported your injury to your employer, ask that a written report be made. Assist your employer in getting that written report filled out as quickly as possible. 

The employer should report the incident to their workers’ compensation insurance company. The employer or the insurance company should give you information about obtaining medical treatment. 

Be sure to give your employer as much information as possible about the incident, in order to leave as little room as possible for them to blame you if they’re delayed in getting the paperwork submitted. It is important that you do everything on your end to avoid missing out on any benefits you’re entitled to. 

What Happens When an Employer Fails to Report an Injury?

If your employer fails to submit the proper paperwork on time for your jobsite injury, you’ll likely face the consequences. Without your employer following through on their end, you can expect to experience delays in necessary care and lost benefits you deserve. Working with an experienced workers’ compensation attorney can help you prepare for the potential of needing legal representation if the circumstances require it.

While you’ll face the consequences of your employer not reporting your injury, they’ll also face some legal consequences, too. These penalties could include fines for each day the claim is late, policy cancellation, and other legal liabilities.

Can You Sue Your Employer for Not Reporting Your Injury?

With most workplaces, the “exclusive remedy” provision is included in the workers’ compensation system. Essentially, this means that the workplace’s workers’ compensation system is the exclusive remedy for any injuries that happen while employed and at the workplace. So can you sue your employer for not reporting your injury? Typically, the answer is no because of the “exclusive remedy.” Like many things, there are exceptions. If you believe there is retaliation, willful negligence, intentional misconduct, or concealment, you may have enough to justify legal action. 

In any event of a workplace injury, be sure to document as much as possible. Any and all documentation could help towards ensuring you’re receiving the proper benefits and compensation. Should you need to seek legal advice from a workers’ compensation attorney, you’ll need all your documentation so making sure you’re prepared is essential. 

Alternative Legal Options & How to Protect Your Rights

If your employer hasn’t done their due diligence and reported your injury, you can file the claim yourself. You’ll need to fill out Form 50 to report workplace-related injuries or Form 52 for workplace-related death. When filing your own workers’ compensation claim, you will need to submit your paperwork and the $50.00 fee to the Commission’s Judicial Department. A fee is required if you request a hearing, which could be necessary especially if your employer did not report the injury initially. 

If you aren’t sure if you would have a workers’ compensation case, or if you would like assistance to be sure that your claim is filed correctly, speaking to a workers’ compensation attorney can help guide you in the right direction about possible remedies or if you even have a case. 

When to Contact a Workers’ Compensation Attorney

If you find yourself injured while at the workplace, it isn’t a bad idea to have a conversation with a workers’ compensation attorney as soon as possible. If you feel like your employer isn’t taking your injury seriously, it is time to contact a workers’ compensation attorney. Hopefully, your employer is reliable and they’ll promptly begin the process of filing the case. If not, you’ll want some legal advice and maybe legal representation. 

Getting representation early ensures you are prepared. An experienced workers’ compensation attorney will help you understand your rights and the benefits and compensation you’re entitled to. 

Conclusion

When it comes to workplace injuries, your employer must report your injury. If they don’t, you have options and should do all you can to ensure you’re getting the compensation you deserve. Regardless of the severity of your injury, your employer should take the situation seriously and begin the workers’ compensation claim. If your employer failed to report your injury, contact the Williams and Kamb office for a free consultation.