After a workplace injury, most employees expect their employer to follow the proper procedures and report the incident to workers’ compensation insurance. Unfortunately, that doesn’t always happen. Some employers might delay reporting an injury, discourage workers from filing a claim, or refuse to report the accident altogether.
This can leave injured workers feeling confused and uncertain about what to do next. However, an employer’s refusal to report an injury doesn’t necessarily prevent you from pursuing workers’ compensation benefits. Understanding your rights and taking the right steps can help you to protect your claim.
Why Some Employers Refuse to Report Injuries
There are several reasons why certain employers would choose not to report on an injury. In some cases, they could fear the increased premiums or scrutiny from their insurance company. Others might think that the injury is minor or dispute whether it happened at work.
Unfortunately, some employers might also pressure workers not to report injuries in an attempt to avoid workers’ compensation claims altogether. Regardless of the reason, employers generally can’t lawfully prevent an injured worker from pursuing benefits.
Report the Injury in Writing
If your employer refuses to report the injury, one of the most important steps that you can take is to document the injury yourself.
Notify your employer in writing as soon as possible and keep copies of:
- Emails or text messages
- Written incident reports
- Witness statements
- Notes about conversations regarding the injury
Providing written notice automatically creates a paper trail showing that the employer was informed about the incident. This documentation can become extremely important if disputes arise later.
Seek Medical Attention Immediately
Your health should remain the top priority after any workplace injury. Even if your employer refuses to cooperate, you should still seek medical treatment right away.
Medical records help with documenting the injury and connecting it to your job duties, which means that delaying treatment can worsen your condition and your chance of compensation.
Be sure to explain to the healthcare provider that the injury happened at work so that it’s properly documented in your records.
Understand That You Can Still File a Claim
An employer’s refusal to report your injury doesn’t automatically prevent you from being able to file a claim. In many situations, injured workers can still pursue claims directly through the workers’ compensation system.
Something to keep in mind is that waiting too long to act can create additional complications and weaken your claim.
Understanding your rights early can make a significant difference.
Watch for Retaliation
Some workers fear retaliation after reporting an injury or pursuing workers’ compensation benefits. Retaliation can involve reduced hours, termination, harassment, or other negative treatment related to the claim.
Michigan operates under the Workers’ Disability Compensation Act which prohibits employers from retaliating against employees for reporting workplace injuries or seeking benefits. If you believe that you’re being punished for reporting an injury, documenting that behavior is important.
Understanding your legal protections can help you respond appropriately if problems develop at work.
Avoid Paying Out of Pocket Without Understanding Your Rights
When employers refuse to report injuries, some workers use their personal health insurance or pay medical bills themselves because they believe that they have no other option.
However, workplace injuries may still qualify for workers’ compensation benefits even if the employer is uncooperative. Paying out of pocket without understanding your rights could create additional financial stress and complications later.
Before making major decisions about medical treatment or expenses, it might be helpful to understand all available options.
Why Legal Guidance Can Help
Workers’ compensation disputes involving uncooperative employers can quickly become complicated. Working with an experienced firm like Duff Law can help injured workers better understand their rights and the next steps.
An attorney can help with things like documenting the claim, communicating with insurance companies, and addressing disputes involving reporting or benefit eligibility. Having knowledgeable legal guidance can help level the playing field when an employer refuses to cooperate.