What Happens If an Employer Does Not Report an Accident in a Timely Manner?

Getting hurt at work or suffering a work-related illness or repetitive use injury is serious business. You know it is, and your employer should see it that way too. In fact, the law instructs them to do so by setting specific requirements forth for them to follow. It’s your responsibility to report your workplace illness or injury to your employer as soon as possible. However, some workers don’t make a report right away because they didn’t notice their injury initially or didn’t think their injury was severe enough to warrant making a report. 

Questions this article can help you answer:

When Should You Report a Workplace Injury? 

Any workplace accident or injury should be reported to your employer as soon as possible. Since doing so is a crucial step in any potential workers’ compensation claim, it shouldn’t be skipped. If you report your injury, it turns out to be mild, and you don’t want to pursue a workers’ comp claim, you don’t have to. It’s better to report the injury or accident and not need the report than not to report it and have missed a critical deadline or step. 

How Long Do You Have to Report a Workplace Injury?

Workers’ comp laws and guidelines vary from one state to the next and even between employers, making it imperative to report accidents and injuries as soon as possible. Some employers even have a 24-hour deadline. If you don’t make a good faith effort to report what happened as quickly as possible, your employer or their insurance company can say that your injury didn’t occur at work or wasn’t work-related.  

For instance, suppose you hurt your back by lifting heavy boxes at work. You’re in pain, but your injury doesn’t seem serious at the time, so you don’t report it to your employer. Your pain becomes more intense within a few days, and you have difficulty moving around. You go to your doctor and are diagnosed with a serious back injury that requires time off of work. In that case, your employer or their insurance company may deny your workers’ comp claim because the incident wasn’t reported immediately. 

What About Overuse Injuries? 

Some injuries occur over time and don’t arise from a one-time incident or accident. Carpal tunnel syndrome, for example, can occur due to overuse and repetitive movements of the hand and wrist at work. There is no one incident to report. However, the employer should report what is going on as soon as they suspect there is a problem or they receive a diagnosis. The same goes for workplace illnesses. If you suffer an illness that you suspect arose out of your employment, report it as soon as you know or suspect there is a correlation. 

When Should a Workplace Injury Be Reported?

Injury and Accident Reporting Procedures 

All workers’ compensation claims are no-fault claims. As such, neither you nor your employer is at fault for your injuries. It doesn’t matter if there was negligence. You still have the right to receive compensation for your injuries. In addition, state and federal protections are in place to protect you from potential employer retaliation.  

Once you report your injury, the process of getting the medical treatment and compensation you deserve should speed up. When you report your injury, your employer should assist you in completing a detailed injury report to ensure you get the help you need. 

However, if your employer doesn’t ask you for further details about your accident or injury or that you complete any paperwork, such a lack of action can be seen as a red flag. It might mean that they don’t intend to report your injury officially. 

What Happens If an Employer Does Not Report an Accident? 

Once you report your injury, accident, or illness to your employer, it becomes their responsibility to report it to your state Department of Labor. You can’t report it yourself; however, you can take steps to ensure that your employer does. Suppose you find out that they haven’t reported it or don’t plan on reporting it. In that case, you need to act quickly and contact an experienced employment law attorney who can help. If your employer did not report an injury in a timely manner, it could impact your claim, but they can also face the consequences. 

What Is the Workers Compensation 90-Day Rule? 

While workers’ comp laws and systems differ between states, the workers’ compensation 90 day rule generally refers to an employer having 90 days to determine if they will accept an employee’s injury claim. Typically, within 14 days of receiving an illness or injury claim form, the employer must decide if they will accept, reject, or delay a decision regarding an industrial injury claim.

Who Pays for on the Job Injuries?

If the workers compensation claim is delayed, the employer has 90 days to decide what to do. The good news is that even during this delay, they must furnish up to $10,000 worth of medical care to the injured worker. 

State Disability Insurance and Wage Loss

If an employee can’t work because of the injury, and they pay into the State Disability Insurance (SDI) system, or they have other disability policy through work, they should apply for these benefits to use at this time. The employer isn’t required to pay temporary disability benefits for wage loss during the delay period.

If, after 90 days, the employer still hasn’t made a decision, most states will presume that the claim is accepted and the injury is compensable. Most states uphold this rule. Furthermore, the courts won’t allow an appeal unless new evidence is presented.  

What Are My Rights If I Have an Accident at Work?

Get Help With Your Workers’ Comp Claim Today 

If you recently filed a worker’s compensation claim, you must know your rights. One of these rights is to have your claim handled in a timely manner in accordance with state and federal laws. If your claim isn’t being addressed in this way, it’s essential to have a knowledgeable advocate on your side to fight for your rights. Get a free consultation by phone with an employment attorney consultation by completing our form now. A locally licensed lawyer will call you within ten minutes to discuss your circumstances.  

Our experienced attorneys are ready to help you with your case. You have nothing to lose by reaching out for a FREE consultation. Call us today! 

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Reporting Unfair Treatment at Work | Employment Discrimination Lawyer

All employees in America have the right to do their job in a safe environment, free from unfair treatment at work. Unfortunately, not all employers live up to this expectation. Instead of providing equal treatment in the workplace, employers often disrespect and discriminate against their employees. At times, they overlook qualified employees for promotions, and even, engage in sexual or workplace harassment. 

It’s important to understand that these actions are unacceptable, and possibly illegal. If you experience harassment or discrimination in the workplace, then you may have a claim for damages under law. 

Let’s take a closer look. 

How do you tell if you are being treated unfairly at work?

The scope and scale of unfair workplace treatment is vast. Any behavior that seems questionable, disturbing, or that makes you feel uncomfortable should result in an investigation. 

Mistreatment, even by a colleague, is a common occurrence and a demoralizing experience. Thousands of employees everyday, face harassment, discrimination, and other illegal job-related actions across the United States. You don’t have to stay a victim. Take steps to report the issue and secure your rights under the law.

Examples of Being Treated Unfairly at Work 

Unfair treatment at any place of employment can express itself in many different ways, from wage discrimination to gender inequality, favoritism, violence, workplace bullying, and verbal abuse. Signs of mistreatment are:

  • Discrimination due to race, gender, age, disability, religion, sexual orientation, or any other protected characteristic 
  • Spreading false rumors 
  • Pay disparities despite equal qualifications and experience 
  • Refusing reasonable accommodations for disabled employees 
  • Any instances of sexual harassment 
  • Punishing those who take parental leave by docking pay or terminating employment 
  • Laying off older workers to hire new, younger employees at lower pay 
  • Facing employer retaliation after resignation or reporting unfair treatment 
  • Being wrongfully terminated without reason 
  • Forced to work in unsafe conditions

What do you do if you are mistreated at work?

Many workplaces have a formal complaint system for these issues. To ensure that documented evidence exists of a formal complaint, it is important to report any problematic actions that happen on the job. Usually, this step of reporting unacceptable or unprofessional behavior happens with your manager or Human Resources. 

That being said, we encourage you to get in touch with a qualified attorney as soon as possible, even better if you do it before submitting the complaint. A labor and employment attorney can help you submit a well-documented report. Should the situation evolve into a lawsuit, you will then have a stronger case. 

Document the Event 

  1. If you received mistreatment, the first step is: document the event as thoroughly as possible. Record the date, time, details, and names of everyone involved. Do the same for subsequent cases, if and when they occur. Document the information during or directly after the event so the details are as accurate as possible. 
  2. Next, save copies of memos or emails that exhibit illegal or unfair practices.
  3. To support your claim, the last step is: ask witnesses to record their observations of what happened to support your claim. 

All additional evidence you gather can help your eventual legal case. It is not uncommon to file a lawsuit against an employer, so don’t be nervous. This is your right. 

File a Complaint with Human Resources (HR)

Report instances of unfair treatment to the Human Resources Department (or another authority figure in management). The formal letter of complaint should describe the event completely, but concisely. Stay on target and include only information relevant to the event. Alerting HR to the problem is usually a required step if you plan to later file a lawsuit

How to Write a Formal Complaint Letter

In the formal complaint letter, you may:

  • Identify helpful actions that can lead to a resolution.
  • Refrain from making threats or getting angry.
  • Keep a calm demeanor and offer reasonable solutions where appropriate.  

If the complaint ends up becoming a legal matter, any poor behavior on your part could be used against you. As such, it’s important to consult an experienced attorney for guidance before you file a complaint.

File an EEOC Complaint

An employee that has been subject to any type of job discrimination or mistreatment may also file an EEOC complaint. The EEOC, or Equal Employment Opportunity Commission, accepts complaints filed in person or by mail with the nearest office. In addition to victims, witnesses of unfair treatment can also file a formal complaint. 

Include the following information in your documentation: 

  • Personal details of the person mistreated. Include their full name, number, and address. 
  • Name and contact information for the employer the complaint is against.
  • Description of the unfair events and the dates they happened.

To prevent the situation from escalating further, speak up. If you feel like your complaint is not being addressed, or that you can’t speak with management at your work, talk with an employment attorney for legal advice on how to proceed. 

How to Sue a Company for Unfair Treatment 

Not all situations that are “unfair” are actually illegal. So, it is important to know what is employee mistreatment is within Employment Law and At Will Employment.

For example, you were passed over for a promotion or assigned to a different shift. These events are frustrating, but they do not necessarily qualify as discrimination.

At Will Employment States

Not all states are at will employment states. For those that are, employers can fire employees without notice or reason. Some exceptions apply, like if an employer violates an employment contract or state or federal employment statute. 

Regardless if the state is California, Texas, or another state, there’s some behavior that employers cannot express. One example of this is: discrimination based on protected characteristics. Your state may include additional protections beyond federally mandated requirements, so it is important to know the laws in your state. To learn your states’ labor laws, read compliance guidelines and ask the appropriate authorities questions. 

Contact Our Experienced Labor Attorneys for a Free Consultation 

If you’ve faced unfair treatment in the workplace, you should seek the counsel of an experienced employment and labor attorney to discuss your concerns. A lawyer will be able to help you decide whether you should file a lawsuit and assess the likelihood of success. 

Experienced attorneys also have the knowledge and expertise necessary to advise you on the best course of action. They can guide you through the litigation process, help collect necessary documentation, and improve your chances of winning the lawsuit. 

Know your rights and don’t settle for being mistreated. 

Call 1-800-THE-LAW2 for a free and confidential consultation with an attorney in our network. We’ll connect you in just 10 minutes or less

Example of Reporting Unfair Treatment at Work | Employment Discrimination Lawyer