When Your Employer Won’t Report Your Work Injury: What You Need To Know
The stress that comes with suffering an injury at work can be overwhelming. But the situation can become even worse when your employer refuses to report your work injury. If you have been injured on the job, you deserve medical care, wage replacement, and your employer is mandated to report injuries to their insurer. However, if they refuse to do so, all hope is not lost. Read on to learn the steps you can take to protect your health and your rights.
Why Employers Sometimes Refuse To Report Workplace Injuries
While the majority of employers follow the law, some try to ignore their responsibilities. In most cases, the reason for this doesn’t even have to do with you, but more about protecting themselves.
Some employers may refuse to report your work injury to avoid paying higher workers’ compensation premiums. Insurance rates tend to rise when claims are filed, so in an effort to keep costs down, some employers choose not to report injuries. In other cases, an employer may refuse to report an injury because this might trigger a safety inspection. If the workplace has hazards or equipment that isn’t up to standard, they will try to hide it by not reporting an injury.
Misclassification also plays a role. If an employer misclassifies employees as independent contractors, they may refuse to report an injury to avoid exposing their wrongdoing.
Another possible reason your employer may refuse to report your work injury is workplace discrimination. Unfortunately, some employers treat certain workers unfairly. However, it’s important to remember that discrimination is illegal, and if you believe it’s the reason behind your injury not being reported, you should report it to the human rights commission.
What Legal Options Do You Have if Your Employer Refuses To File Your Claim?
Your employer’s refusal to file your claim doesn’t mean you lose your right to comp. Here’s what you can do:
- File the Claim Yourself
Most states, including Vermont, allow injured workers to file directly with the workers’ compensation agency. And you don’t need your employer’s permission to do this. In Vermont, you can request Form 5 from the Department of Labor, fill it out, and submit it yourself along with relevant supporting evidence.
- Report Unsafe Conditions to Regulators
If hazardous conditions caused your injury, you can file a complaint to prevent further harm to you or your coworkers.
- File a Personal Injury Lawsuit
While the exclusive remedy rule in workers’ comp bars you from suing your employer in the event of a work injury, if your employer’s refusal to report your injury is out of retaliation, willful negligence, or concealment, you may qualify for a personal injury lawsuit. An attorney can help assess if your case qualifies.
- Speak With a Workers’ Comp Attorney
An attorney can guide you through the process of filing a claim, communicate directly with the insurer, help gather evidence, and represent you if your employer or their insurer challenges your claim. Additionally, your lawyer can also advise you if retaliation occurs, such as termination, reduced work hours, or threats, because retaliation is illegal and can lead to additional claims.
Contact a Vermont Workers’ Comp Lawyer Today
If your employer won’t report your work injury, you must take action quickly. Contact an experienced Vermont workers’ comp lawyer at Sluka Law PLC today to protect your benefits, your income, and legal rights.
