What can you do if your employer refuses to file your workers’ compensation claim?

When you get hurt on the job, one of the first things that should happen is that your employer should report the injury and help you start your workers’ compensation claim. If they won’t do that, then they could be in violation of the law.

In your workplace, your employer is required to write out or post what happens if you’re involved in an accident. That sheet should tell you who to contact if you’re hurt on the job and your employer hasn’t reported it. If it’s not available, then you should discuss the claim with your employer and find out why they haven’t filed.

What should your employer do after you get hurt?

After you get hurt on the job, your employer should give you a form too fill out. This form documents that accident and notates important information such as:

  • Where the accident happened
  • How the accident happened
  • What your symptoms were or are
  • The date and time of your injury

Even the most minor injuries should be reported if they require medical treatment or could require it in the future.

Your employer should fill out a “First Report of Injury” document after this and turn it in to the workers’ compensation insurance company. If they do not report your injury, then it’s important for you to talk to your attorney about starting your own claim with the state workers’ compensation board.

Can my employer refuse to file a claim?

In some cases, yes. Your employer may refuse to file a claim or support your own claim if:

  • You didn’t need medical attention
  • You didn’t get hurt at work
  • You didn’t tell your employer soon enough
  • You filed a false claim
  • You didn’t need time off work

Your employer cannot refuse to make a report because they don’t have insurance or because they don’t want to see their insurance rates spike. If they refuse to report your injury, then you may be able to pursue a claim through the workers’ compensation bureau and have your employer investigated. Remember, your employer cannot refuse to make the claim due to your race, age, gender or other protected differences. You also cannot be retaliated against for taking action to make sure your claim is received.