If Your Employer Fails to File Your Workers’ Compensation Claim

If you are injured while at work, or suffer an illness or disability as a result of performing your job duties, you have a legal right to workers’ compensation benefits. Through these benefits, you should receive the medical and financial support needed for a full recovery and return to work. But what do you do if your employer fails to file your claim? Keep in mind that businesses are supposed do the following:

• carry workers’ comp insurance
• post protocol to follow (in the event of a work injury or illness) somewhere in the workplace
• provide paperwork for employees to make a workers’ comp claim
• report your injury to their insurance carrier and the Utah Labor Commission
• offer a list of medical facilities under their workers’ comp plan

However, sometimes an employer may encourage you to not make a workers’ comp claim. In other instances, an employer will fail to file your claim out of negligence. And in some cases, an employer could simply refuse to file the claim you’ve made. Employers may not wish to cooperate in order to limit the cost of their company’s workers’ comp insurance. Or they may feel your injury or illness is not that serious, or not truly the result of job-related duties. Whatever your situation may be, there are steps you can take to file your claim and receive legal guidance.

Report Right Away

If you suffer a workplace injury or work-related illness, it is important to report it to your employer as soon as you are able. In Utah the requirement is within 180 days—but the timelier you are, the stronger your case will be to insurance companies. Even if your ailment seems relatively minor at first, it’s well worth taking the time to document it. A workplace accident that “kind of” hurts your back the day of, could hurt your back more severely a month later.

When reporting an injury or illness, complete the required paperwork in writing, properly sign it, and keep a copy for your own records. If your employer denies you reported your ailment, this can serve as evidence that you did your part.

Seek Medical Attention

Even if your employer fails to file your claim, you should still go see a doctor. This is not only important for your physical and mental well-being, but it also provides documentation of your ailment. Having a detailed medical history may be key to getting your workers’ compensation claim approved in the event it’s contested. Inform your physician that your ailment is directly tied to your work—that way it’s stated in your medical records.

File the Claim Yourself

After they’ve been informed, employers are supposed to report workplace injuries and illnesses to their workers’ comp insurance carriers within seven days. If they fail to do so, they may receive a fine, face criminal charges, or risk a lawsuit. Regardless, it is possible to file the workers’ compensation claim yourself, if needed.

If you contact the Utah Labor Commission, you can receive the forms and instructions you need to report your injury or illness. Then you can gather as much of the following to support your claim:

• medical history documents
• witness statements
• any useful correspondence that backs your claim
• records of any interactions you had with your employer regarding the injury or illness
• any other documentation that includes pertinent dates, times, and details

Consult a Workers’ Comp Attorney

If your employer fails to file your claim, an attorney who specializes in workers’ compensation law can guide you through the process. Legal representation can be especially critical if your ailment is serious, if your employer is hostile, or if there is a complex dispute surrounding certain aspects of your incident. An experienced lawyer at Rose Legal will be able to help you put together your workers’ comp claim, appeal a denial, and file an Application for Hearing with the Utah Labor Commission. Doing these things can ensure your rights are protected and that you receive the care and resources you deserve.