Between 2023 and 2024, Worknest found that 45 out of 138 people were killed in the workplace. Male workers were responsible for 95% of all fatal injuries that occurred on the job. Falls remain to be the greatest cause of death at work.
If you’ve been injured at work, your employer should report the injury to their workers’ compensation insurance provider so that you can receive the benefits and support you need. But what happens if your employer fails to report your injury?
Attorneys from Connolly Injury Law say that if the employer causes your benefits to be delayed or denied, you may have the right to take legal action and hold them accountable. Learn the important steps on how you can file a lawsuit against your employer for not reporting your injury.
Legal Requirements for Injury Reporting
Understanding injury reporting rules is vital when suing your employer for an unreported injury. According to the Occupational Safety and Health Administration (OSHA), employees have the right to a safe workplace. This regulation requires employers to clear the workplace of known risks that could kill. The law mandates your employer to report injuries to OSHA within certain timeframes, depending on the severity.
If your company doesn’t record your injury, they may violate OSHA. This omission can harm your health and can impact your employer too. Your employer is violating their legal obligations and risking your chance to receive compensation and medical care when they fail to report your injuries.
Your employer may face fines, penalties, and even legal action for non-compliance. If your injury worsens due to a lack of timely reporting, your employer could be held liable for any resulting damages. This includes covering medical expenses, lost wages, and compensation for pain and suffering.
In terms of compensation, the amount you can receive is based on the severity of your injury and it may vary from state to state. For example, the average workers’ comp settlement in California reaches about $35,000 and in Florida, it is around $24,999.
Knowing your rights and your employer’s responsibilities regarding injury reporting is essential when considering legal action for an unreported injury. Be sure to seek legal advice to understand the options available to you in such situations.
Employee Rights and Protections
Employees with unreported job injuries must know their rights and protections. Under OSHA, employees have the right to a safe workplace. As mentioned, your employer must provide a workplace free of known hazards that could cause serious harm. You can report and seek medical care for workplace injuries. No employer can retaliate against you for reporting an injury or seeking workers’ compensation.
Workers’ compensation may supplement OSHA protections. State regulations vary but typically provide medical care, pay replacement, and disability compensation for work-related accidents.
Steps to Take If an Injury Goes Unreported
Unreported workplace injuries should be documented and treated immediately to protect your health and legal rights. Record the injury’s date, time, location, and witnesses. If possible, photograph the scene and injuries. The evidence in this document will be significant.
Even if you didn’t report the injury, tell your boss or HR. Request an incident report outlining the injury and its cause. Medical care is essential for your health and legal rights. Visit a doctor for an injury evaluation and treatment. Record any injury-related medical assessments, treatments, and costs.
Seeking Legal Recourse and Compensation
Contact a workplace injury attorney to seek legal redress and compensation for an unreported injury. Your attorney can evaluate your case, advise you, and represent you in court. He or she can help you file a workers’ compensation claim or a personal injury lawsuit against your employer for an unreported injury.
Your attorney can use all the evidence you have gathered to build a strong case on your behalf. Keep in mind that there are specific time limits for filing claims, so it’s essential to act promptly to protect your rights.
Conclusion
If your employer fails to report your injury, you have rights and protections under the law. You can take steps to ensure your injury is properly documented and seek legal recourse if necessary. It’s important to understand your rights and take action to protect yourself and your well-being. Don’t hesitate to seek help and consult a lawyer to know the best course of action.
