What If My Employer & Boss Won’t Report My Injury to Workers’ Compensation in Bexar

After an employee has been injured at work, he should ensure that he reports the injury to the employer within the next 30 days following the accident. Next it is now the employer’s responsibility to notify the workers’ compensation insurance provider about the injured employee and the injuries. There may be an instance where a worker has notified the employer, but the employer doesn’t follow through. There’s also the case that the employer may delay notification on the worker’s injury.

Why Would My Boss Not Report My Injury?

The answer could incorporate many reasons in why a boss might delay the notification of a worker’s injury, none of which are appropriate reasons. For example, reporting an employee’s injury might reflect badly on the supervisor reporting it. Some cases, the manager might be held accountable for the circumstances that lead to the worker’s injuries due to safety issues that might fall on the shoulders of the manager. Reporting the employee’s injury might simply result in a lot of additional work for the employer. It may be that there are incentives for delaying the report, such as keep the workplace accident-free for a set amount of time. In certain cases, an employer could lose a bonus or induce a penalty for reporting the worker’s injuries.

Employers Have An Obligation To Report Injuries To Insurance Providers

The employer must report an injured worker’s injury to the workers’ compensation insurance provider during a specific amount of time after being told about the injury that had happened. Under section 409.005 of the Texas Workers’ Compensation Act, a boss is responsible for reporting an injury to the insurance provider within eight days of:

  • A work-related injury that forces the injured worker to be absent from work for more than one day
  • Knowing about any kind of occupational disease; or
  • Any work-related casualty.

This enables that the workers’ compensation insurance company has knowledge that the injured worker could file a workers’ compensation claim in the near future. The statute of limitations declare that an injured employee must file their workers’ compensation claim within one year after their injury has happened, or one year after an employee has discovered that they have a work-related injury or illness. These injuries must be reported by using the Texas Department of Insurance, Division of Workers’ Compensation Employer’s First Report of Injury or Illness form (DWC Form-001). It’s also the employer’s responsibility to make sure that the injure employee has a copy of the Notice of the Injured Employee Rights and Responsibilities in the Texas Workers’ Compensation System, as well as, a copy of the completed and submitted DWC Form-001. After the report of an injury or ailment, the employer must retain this specific record for a total period of five years, or as long as the Occupational Safety and Health Administration (OSHA) requires.

A Workers’ Compensation Lawyer Could Help

If you are in a situation where your employer is dragging their feet in notifying the workers’ compensation insurance provider about your injury, a Bexar workers’ compensation lawyer might be available to assist you. When you hire an attorney, it shows to your employer that you are serious about filing for workers’ compensation.

Proudly Serving In: San Antonio | Bexar