What To Do if Your Employer Does Not File Workers’ Comp

If you are injured while working, there is a process you need to follow to receive the compensation you need. The system in the US for providing this compensation is called workers’ comp. For the most part, the only thing the injured worker needs to do is report the injury to his or her employer. From that point, the responsibility of filing the claim falls largely to the employer. But what happens if your employer forgets to file, or deliberately does not file? This guide will explain what to do in this situation.

Your Rights

First of all, you should know your rights. It is the legal obligation of every employer in the United States to file a workers’ comp claim when an injured employee reports the injury to them. If your employer fails this, a severe violation has taken place, so you should feel confident following up on it.

Additionally, there is almost no reason for an employer not to file. You may hear that your employer chose not to file because you were at fault for causing your own injury. This is not how the system works. Injuries are covered regardless of who causes them.

What To Do

It is always best to follow up with your employer shortly after you report the injury, to be certain that the proper steps are being taken. Do not wait until a month has gone by and it is far too late to file the claim. As soon as you report the injury, your employer should begin filing paperwork and asking you for more information about the injury.

If your employer fails to file your claim, this is what you should do:

  1. Contact the Workers’ Compensation Board for your State – You will receive instructions on how to receive the compensation you are owed. The exact process will vary from one state to the next, but the most common step is to file form WC-14.
  2. Contact a workers’ comp attorney in Newark – You may be able to take legal action against your employer. Failing to file is a serious offense, although the legal action that is available varies from state to state. An attorney will be able to tell you what you can do.

The workers’ comp system in the US guarantees every employee the right to receive compensation for any injuries that happen while working. If you are denied this right, you have options available to you to help you receive the compensation you deserve.



Thanks to Rispoli & Borneo, P.C. for their insight into workers compensation and getting your claim filed.