Did your employer fail to report an injury?

On Behalf of | Jun 30, 2022 | Workplace Injuries

If you’re involved in a North Carolina workplace accident that results in injury, there are several steps you should take, one of which is to report the incident to your employer. This, of course, should occur immediately. However, if, for some reason, there is a delay with filing the report, you’ll want to make sure that you complete the task within 30 days, at most.  

When you report your injury to your employer, it activates the workers’ compensation process. You’re not the only person who will have responsibilities to carry out after a workplace accident. Your employer, too, must take certain steps, beginning with reporting your injury to his or her workers’ comp insurance provider. This is a key step to helping you obtain any and all benefits to which you may be entitled. 

What if your employer doesn’t follow through? 

Your employer is obligated to report your injury to his or her insurance provider. This doesn’t necessarily mean that your employer is going to fulfill his or her obligation. Many employers fail to do so. That’s why it’s important for you to know ahead of time what you should do if this happens in your case.  

Remember that the earlier you report your injuries (in writing, using proper forms) to your employer, the sooner benefits can be available to you. If your employer fails to take appropriate action after you’ve reported an injury or illness, there are several things you can do to help rectify the problem.  

Remind your employer that a report must be filled in a timely manner 

State law requires an employer to file a report with the appropriate insurance provider regarding a worker’s on-the-job injuries or illness within a certain amount of time. If a provider does not receive this report in the required amount of time, it can render an employee’s workers’ compensation claim invalid. It’s a good idea to stay on top of your case and remind your employer that time is of the essence for reporting your injuries.  

You can file a claim if your employer fails to report your injury 

You should receive confirmation that your employer has reported your injury or illness on time. If you don’t receive confirmation within several days, you can contact the insurance provider to check the status of your case.  

If your employer drops the ball and doesn’t take proper steps to report your injury to his or her insurance provider, you may file a claim by filling out and submitting a document known as Form 18 or Form 18B. You must submit this claim to the Industrial Commission. Your employer is violating labor laws by failing to submit Form 19 to report your injuries to his or her insurance provider after receiving your written report of the incident.