Let’s discuss employer responsibilities for reporting injuries and how you can protect your rights if your employer doesn’t report your injury.
If you’ve been injured on the job, the first thing you need to do is file an official incident report with your employer. This ensures you have a “paper trail” for your injury and initiates the process of getting a workers’ compensation claim for your injuries, medical bills, and lost wages.
However, what happens if your employer doesn’t report your work injury? Let’s take a look at employer responsibilities for reporting injuries and how you can protect your rights if your employer doesn’t report your injury.
You Must Report Your Own Injury Within 30 Days of Your Injury or Diagnosis
To begin, you need to make sure you report your work injury – in writing – about your injury within 30 days of your accident or within 30 days of diagnosis if you have a workplace illness.
There are some exceptions to this, but generally speaking, it’s best to abide within this requirement to avoid complications when filing for workers’ compensation.
Employers Must File a First Report of Injury (FROI) Within 30 Days of Your Report
Once your employer receives your report, they are legally required to file a First Report Of Injury (FROI) with the Missouri Department of Labor. This can be done electronically.
This is absolutely mandatory for all injuries, except injuries that only require first aid and do not result in any time off of work – a small scrape or cut, for example.
A report of a more serious injury – any injury that requires any professional medical treatment – must be filed by your employer with the Missouri Department of Labor within 30 days. If they do not do so, they may be penalized with a class A misdemeanor and a fine of up to $10,000. Additionally, if the employer is on their second violation, they may be charged with a felony for failing to file an FROI.
The Insurance Company Must Be Notified Within 5 Days of Your Report
In addition to notifying the government, your employer generally must also notify its insurance company of your condition. This must be done within 5 days of the date on which you reported your injury or illness so that the insurer can begin processing your claim right away.
How Do I Know if My Employer Reported My Accident?
There are two primary ways to determine whether or not your employer reported your accident.
First, you can talk to your employer. If it has been more than 5 days since your report and you have not heard from the workers’ compensation insurance company, talk to your employer directly to determine if they have filed your report.
If your employer is dragging their feet or won’t work with you, you can contact the Missouri Division Of Workers’ Compensation directly to see if they have been notified about the incident.
Get Help From an Experienced Workers Compensation Lawyer
An experienced St. Louis workers compensation lawyer can protect your rights and ensure you get full and fair compensation. It is particularly important to speak with an experienced attorney if your employer is dragging their feet or if they are refusing to report your injury.
Contact The Law Office of James M. Hoffmann today to speak with one of our work injury attorneys and see how we can help you protect your rights after your workplace injury.