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

In the event that a worker has suffered an injury while at work, it is their responsibility to report the injury to the employer within 30 days of when the injury occurred. After this is done, the employer is required to notify the workers’ compensation insurance provider about the injury and the injured employee. 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. In some situations, the boss could be the one responsible for the conditions that lead to the employee’s injuries typically coinciding with safety issues which would fall on the boss. Reporting the worker’s injuries might cause the boss to have a lot of additional work. Having an accident-free workplace for a set amount of time, is just one of the incentives that could be on the line. Reporting the employee’s injuries could potentially result in the loss of a bonus, or induce a penalty for the employer.

Employers Have An Obligation To Report Injuries To Insurance Providers

It is the employer’s obligation to report an injured employee’s injury to the workers’ compensation insurance provider within a dedicated amount of time after being told about the injury that occurred. The Texas Workers’ Compensation Act, under section 409.005 states that an employer is required to report the 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 kind of work-related fatality.

This enables that the workers’ compensation insurance company has knowledge that the injured worker could file a workers’ compensation claim in the near future. When an employee is injured, they have one year to file their workers’ compensation claim, or one year to file after they had found out about their injury or ailment. 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). The employer is required to ensure that the injured worker has a completed and submitted copy of the DWC Form-001 and a copy of the Notice of the Injured Employee Rights and Responsibilities in the Texas Workers’ Compensation System. It is then the employer’s responsibility to retain a record for a total of five years, or whatever amount the Occupational Safety and Health Administration (OSHA) requires, whichever is longer.

A Workers’ Compensation Lawyer Could Help

In the case that an employer is delaying the notification to the workers’ compensation insurance provider about the employee’s injury, a San Antonio workers’ compensation attorney might be able to help the injured employee. An employer will notice that the injured worker is serious about filing a workers’ compensation claim, after hiring a lawyer.

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