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What to Do if the Employer Fails to Report Your Injury in Carmel, IN

Jan 20, 2024 | Employment Law

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Employer Fails to Report Your Injury

Whether an employee has an accident at a construction site or injures their wrist from non-stop typing at work, options exist for you if you have experienced a work injury.

Employers are required to report injuries so employees can file a workers’ compensation claim. But what if an employer fails to report an injury? For expert legal assistance in these situations, consider consulting with Stewart & Stewart Attorneys, who can advise on the best course of action to take next.

What Employees Should Do If Hurt at Work

The first thing to do after a workplace accident (aside from seeking medical help, if necessary) is to make a report with one’s employer. In Indiana, employees have 30 days to do so. If they miss this deadline, they won’t be able to claim temporary total disability (TTD) or other workers’ comp benefits.

Once employees make a report, employers must fill out a form called the DWC-1, or the First Report of Injury, and submit it to their insurer within seven days. However, it’s important to note that not all Carmel employers comply with these rules, so consulting Carmel’s personal injury lawyer may be advisable to navigate potential challenges with the process.

Reasons a Carmel Employer May Not Report an Injury

Employers sometimes fail to report injuries because their insurance premiums will go up if they do. Many employers will try everything possible to convince employees they don’t need benefits.

An employer might also think employees are lying about their injuries. Or perhaps they believe an injury happened at home or somewhere other than work.

The good news is that it doesn’t matter whether an employer thinks that employees need benefits or not. They are required to report the accident to the Workers’ Compensation Board, regardless.

The bad news is that some employers ignore this requirement. So, what do employees do if their employer fails to report the injury?

Next Steps If an Employer Won’t Make a Personal Injury Report in Carmel, Indiana

Some employers may offer a percentage of an employee’s average weekly wage (AWW) under the table to cover doctor’s bills. Taking the money can be tempting, but it isn’t ideal. Medical expenses could far exceed what an employer offers, and one never knows when their “generosity” will run out. Plus, accepting could revoke one’s right to pursue work restrictions and a workers’ compensation claim.

Employees should also refuse to use their personal health insurance for treatment even if their employer suggests this. Workers’ comp covers all accident-related bills dated back to the time of injury. That includes hospitalization, surgery, medications, and physical therapy.

About Stewart & Stewart Attorneys

Whether an employee has an accident at a construction site or injures their wrist from non-stop typing at work, it’s essential to report minor injuries to your employer as a first step. Stewart & Stewart Attorneys is a personal injury law firm that handles car accidents, slip-and-fall accidents, and workers’ compensation cases, providing expert legal assistance in such situations.

To learn more about what to do if an employer fails to report an injury, call (800) 333-3529.

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If you have been involved in an Indiana personal injury accident, contact us at Stewart & Stewart Attorneys. Our Indiana personal injury lawyers represent victims throughout the state, including Carmel and Anderson. We have also successfully advocated for clients throughout the area, including Fort Wayne, Gary, Indianapolis, South Bend. Complete a free online consultation form or call us at (800) 33-33-LAW!

Stewart & Stewart Attorneys have the knowledge and experience to defend your rights in the following areas of Indiana injury law: auto accident, brain injury, drug injury, defective product, fire and burn injury, insurance dispute, medical malpractice, motorcycle accident, nursing home abuse, slip and fall,  truck accident, workers’ compensation and wrongful death.