What Happens if an Employer Does Not Report an Accident
If you’ve been injured in a work accident, you may be feeling confused and lost as to what to do next to secure compensation. You might also be wondering about various aspects of the post-accident process and how it could affect your claims. For example, “what happens if an employer does not report an accident?”
It is crucial to report your injury immediately to your employer to ensure eligibility for workers’ compensation benefits.
We encourage you to contact 1-800-THE-LAW2 for a free consultation with a qualified local personal injury attorney in our network. They’ll be able to provide professional guidance on what you can do to maximize your likelihood of success in obtaining compensation.
Of course, if you’d like to learn more about what happens if an employer does not report an accident, and about various other work accident-related issues, then keep reading! We’ll cover some of the basics.
Do all incidents need to be reported when reporting workplace injuries?
All employers are required by law to report work accidents to the applicable Division of Workers’ Compensation in their state, within a specific timeline (imposed by state law). Reporting workplace injuries is a legal obligation for employers, emphasizing the importance of timely notification both by employees to their employers and by employers to their workers’ compensation insurers. In California, for example, the deadline is five days after the employer has been notified about the work injury. This reporting requirement applies even if the injury is not “serious.” Minor injuries must also be reported and in a timely fashion.
What are the consequences of non-compliance with reporting procedures?
Employers could be subjected to significant penalties in the form of monetary fines, imprisonment, licensing/certification issues, and more. It is crucial to hold the employer accountable for failing to report workplace injuries, as this can lead to serious legal repercussions. Given the severe consequences associated with non-compliance, you can potentially pressure your employer into offering you an early and favorable settlement (if they have violated the reporting requirements). Skilled personal injury lawyers understand how to — and when — to leverage these advantages in settlement negotiations.
What sort of compensation am I entitled to in a workplace accident dispute?
In a workplace accident dispute, you have two primary options for securing compensation:
- Workers compensation benefits.
- Damages through a lawsuit.
How do these work?
Workers’ compensation benefits are paid out to qualified employees (i.e., full-time employees who fit various other requirements) when they’re injured on-the-job. Workers’ compensation is advantageous because — as the injured employee — you don’t have to prove that your employer was negligent in order to receive a benefits payout. You’re entitled to benefits so long as you were actually injured on-the-job (and so long as you were not at-fault for your own injuries).
The workers’ compensation insurance company plays a crucial role in the claims process, as employers are legally responsible for reporting workplace injuries to the insurance company within a specified timeframe.
Workers’ compensation benefits may cover:
- Lost wages
- Loss of earning capacity
- Healthcare expenses (i.e., medical bills for whatever medical treatment you need, and you can establish these losses by showing your medical records)
It’s somewhat limited in that the benefits may not cover other losses, such as the pain and suffering that you experienced post-accident. That being said, even if you did want to pursue those damages through a lawsuit, workers’ compensation qualification may restrict you from suing your employer — so you’ll want to discuss the possibility with your workers’ compensation lawyer, who can help you potentially circumvent the restriction.
If you are able to sue your employer directly, then you can access compensation for the following losses:
- Lost wages
- Loss of earning capacity
- Healthcare expenses (i.e., medical bills for whatever medical treatment you need, and you can establish these losses by showing your medical records)
- Property loss
- Pain and suffering
- Loss of enjoyment of life
- Loss of companionship
- And more
Understanding the complexities of workers’ compensation claims is essential to ensure you receive the benefits you are entitled to. These damages can be significant — and may vary from case-to-case.
How the lack of an employer report can help your case
If your employer fails to report an accident, then — although the documentary record will be slightly less comprehensive than it could have been — you could have other advantages if you decide to sue your employer directly.
See, litigation is not merely objective. Subjective influences can have a significant impact on the success of your claims. If the court does not trust the honesty and legitimacy of the defendant’s statements about safety, then that will benefit you in various ways over the course of litigation. For example, the court might lend further strength to arguments that the employer was recklessly endangering their employees by failing to implement normal safety protocols and by providing defective safety equipment. The employer’s dishonesty (in failing to report the accident on time) could convince the court that the employer was trying to hide their misconduct.
Intentionally refusing to report an accident could also result in the imposition of punitive damages. Punitive damages can add up to as much as seven times the baseline compensatory damages, so they are quite substantial. That being said, they are only available in situations where the defendant engaged in malicious, reckless, egregious, or intentional misconduct, and courts usually only consider them when they are trying to punish the defendant and discourage others from engaging in similarly problematic behavior.
Punitive damages are a “bonus” and could give you a financial windfall, so it’s absolutely worth pursuing them if available — you’ll want to talk to your personal injury attorney about this possibility.
Hiring an experienced workers’ compensation attorney doesn’t have to cost anything upfront
Most people don’t realize that workers’ compensation lawyers — and other personal injury lawyers — don’t necessarily cost anything upfront to hire. That’s because they often work on a contingency fee basis.
It is crucial to consult an experienced workers comp lawyer for individuals who have suffered on-the-job injuries, especially in cases where the employer has not reported the incident.
When you work with a personal injury attorney on contingency, you don’t have to pay them upfront or out-of-pocket. Instead, they provide legal representation in exchange for a percentage cut of whatever compensation they’re able to secure. This percentage cut can range from 25 to 40 percent (or more), depending on what you negotiate with your attorney.
Having an experienced workers’ compensation attorney can help you navigate the complexities of workers’ compensation claims, protect your rights, and improve your chances of successfully obtaining benefits, especially in situations where employers fail to report injuries.
If you don’t “win” compensation, then you don’t have to pay. That’s right, you get to walk away with no costs whatsoever. That’s an enormous advantage that lowers the barrier-to-entry and the potential risk of pursuing a lawsuit.
Best of all, contingency fee arrangements incentivize attorneys to work efficiently to maximize your potential compensation. That’s because they get paid more if you get paid more, due to how percentage fees work.
Contact 1-800-THE-LAW2 for a Free Legal Consultation
If you’ve been injured in a workplace accident, you may be entitled to compensation (in the form of benefits after filing a workers’ compensation claim, or in the form a payout through litigation). Compensation may be available whether or not your employer was properly involved in reporting the injury. That being said, pursuing compensation isn’t always straightforward or easy — injured workers often face challenges in navigating the workers’ compensation system, including employer tactics like retaliation and avoidance strategies. You’ll want the assistance of an experienced personal injury attorney as you move forward.
Contact 1-800-THE-LAW2 for a free consultation with a qualified local workers compensation attorney in our network. During this initial consultation, you’ll have the opportunity to discuss your case in detail, and to learn more about your strategic options. If you decide against moving forward with the dispute, or with our network attorney, that’s okay — there’s no obligation for you to continue. So pick up the phone and call in today to get started with your free case evaluation.
We look forward to assisting you.
