How to handle a workplace injury when your boss refuses to file an accident report

Workplace injuries are an unfortunate reality. Sadly, no matter how many precautions you take, accidents can and do still occur. If an employee is injured on the job while performing job duties, it is the employer’s responsibility to file an accident report so that the injured party may file a workers’ compensation claim. Workers’ compensation will help the injured employee to cover medical expenses and lost wages while they recover. The system seems simple enough, but tragically some employers will refuse to file accident claims, thus preventing an employee from seeking the compensation they deserve. 

There are several reasons why an employer may refuse to file a claim. These can include lack of coverage, non-compliance, and mitigating circumstances. For example, if an employer believes that the circumstances of your accident will absolve them of financial responsibility, they may choose not to file a report at all. Fortunately, as an injured party, there are several things you can do if your employer refuses to acknowledge your accident or injury: 

• Make sure that your employer has a written record of your injury. An email will suffice. Be sure to include the date and time of your injury, the location of your injury, how the accident and resulting injury occurred, your symptoms, and your contact information.
• Get in touch with your local State Workers Compensation Board. They will help you to file the appropriate forms. 
• Contact a worker’s compensation attorney. If your employer is refusing to file an injury report, then they are likely not going to be reasonable throughout the rest of your recovery process. You have rights as an employee, and a good workers’ compensation attorney will help you to fight for those rights.

The legal team at Para Los Trabajadores can and will help you handle a sticky worker’s compensation situation. Do not fight this alone and do not suffer in silence. If you have been injured on the job, we can help you fight for compensatory damages. Call us today to discuss the details of your situation. We are here for you.