My Employer Didn’t Report My Injury! What Are My Rights?

Workplace injuries are more common than many people realize. According to the Bureau of Labor Statistics, there were 2.8 million nonfatal workplace injuries and illnesses reported by private industry employers in 2022. While workers’ compensation systems are in place to protect employees who get hurt on the job, sometimes employers fail to uphold their responsibilities. One critical responsibility is reporting workplace injuries to the appropriate authorities. But what happens when your employer doesn’t report your injury? What are your rights, and what steps should you take to protect yourself?

The Employer’s Legal Obligation to Report

Employers have a legal and ethical responsibility to report workplace injuries. This obligation stems from both federal and state regulations designed to protect workers and ensure the proper handling of workplace injury claims. The Occupational Safety and Health Administration (OSHA) mandates that employers report severe injuries within strict timeframes. For example, fatalities must be reported within 8 hours, and injuries requiring in-patient hospitalization, amputation, or loss of an eye must be reported within 24 hours.

In addition to federal requirements, most states have their own workers’ compensation laws that require employers to report injuries to their insurance carrier within a specific timeframe, often within 7 to 10 days of becoming aware of the incident. Failing to report an injury can result in penalties, including fines and potential criminal charges. In Florida, for example, employers can be fined up to $500 for each failure to report an injury.

Why Employers Might Not Report a Workplace Injury

Several factors may drive an employer’s decision to withhold injury reports:

Fear of increased workers’ compensation insurance premiums: Filing a workers’ compensation claim can increase an employer’s insurance rates, leading some to try and avoid reporting injuries.
Desire to maintain an unblemished safety record: Employers may want to keep their safety record clean to avoid regulatory scrutiny and maintain a positive public image.
Attempt to sidestep regulatory scrutiny: Reporting an injury can trigger an OSHA inspection, which some employers may want to avoid.
Misinterpretation of reporting requirements: Some employers may not fully understand their reporting obligations or may believe that certain injuries are not severe enough to warrant reporting.
Simple negligence or administrative oversight: In some cases, the failure to report may simply be due to negligence or administrative errors.

Regardless of the underlying motivation, failure to report injuries constitutes a serious breach of an employer’s legal and ethical obligations.

Ramifications of Unreported Injuries

When employers neglect to report workplace injuries, a variety of negative outcomes may ensue:

Delayed Medical Intervention: Unreported injuries often result in workers not receiving timely medical care, potentially exacerbating their condition and leading to long-term health complications.
Compromised Workers’ Compensation Claims: Lack of official documentation can severely complicate the process of filing for and receiving workers’ compensation benefits, potentially leaving injured workers without much-needed financial support.
Increased Risk to Coworkers: Failure to report and address hazardous conditions may endanger other employees, perpetuating unsafe work environments.
Erosion of Evidence: As time elapses, crucial evidence related to the injury may disappear or degrade, making it increasingly challenging to prove the cause and extent of harm in future legal proceedings.

What to Do If Your Employer Fails to Report Your Injury

If you’ve been injured at work and suspect that your employer has not reported the injury, it’s crucial to take immediate action to protect your rights:

Report the Injury to Your Employer (in Writing): Even if you’ve already verbally reported the injury, it’s essential to provide written notice to your employer. This creates a record of your report and can be used as evidence if your employer denies receiving notification. Be sure to include the date, time, and location of the injury, as well as a detailed description of how it occurred and the nature of your injuries.
Seek Medical Attention: Your health is the top priority. Seek medical attention as soon as possible and inform your healthcare provider that your injury is work-related. This will ensure that your medical records accurately reflect the cause of your injury.
File a Claim Directly with the Workers’ Compensation Board: Don’t rely on your employer to file a claim on your behalf. You have the right to file a claim directly with your state’s Workers’ Compensation Board. You can typically find the necessary forms and instructions on the Board’s website.
Contact OSHA: You can file a complaint with OSHA if you believe your employer has failed to report your injury or has created an unsafe work environment. OSHA will investigate your complaint and can impose penalties on employers who violate safety regulations.
Consult with a Workers’ Compensation Attorney: An experienced workers’ compensation attorney can provide valuable guidance and representation throughout the claims process. They can help you navigate the complex legal issues involved, gather evidence to support your claim, and negotiate with the insurance company on your behalf.
Document Everything: Keep detailed records of your injury, your reports to your employer, any related communications, and all medical treatments you receive. This documentation will be crucial in supporting your claim.

Legal Avenues for Employees

Employees confronted with an employer’s failure to report their injury can pursue several potential courses of action:

File a Complaint with OSHA: OSHA investigates reports of employer misconduct, including failure to report injuries. The agency has the authority to impose fines and require corrective action.
Report Directly to the Workers’ Compensation Board: In many states, employees retain the right to file their injury reports with the Division of Workers’ Compensation, bypassing uncooperative employers.
Pursue Legal Action: In certain circumstances, employees may have grounds to sue their employer for failing to report injuries, mainly if this failure resulted in additional harm or loss of benefits.
Whistleblower Protection Claims: Employees who face retaliation for reporting injuries or safety violations may have grounds for a whistleblower protection claim under various federal and state laws.

Employer Retaliation is Illegal

It is illegal for an employer to retaliate against you for reporting a workplace injury or filing a workers’ compensation claim. Retaliation can take many forms, including:

Demotion
Termination
Harassment
Discrimination
Denial of promotion or benefits

If you experience any of these actions after reporting your injury, you may have grounds for a retaliation claim.

Statutes of Limitations

It’s important to be aware of the statute of limitations for filing a workers’ compensation claim in your state. The statute of limitations is the deadline by which you must file your claim, or you will lose your right to benefits. The statute of limitations varies by state, but it is typically one to three years from the date of the injury. In Mississippi, for example, an injured worker has two years from the date of injury if workers’ compensation does not pay anything on the claim.

Don’t Wait, Take Action

If your employer didn’t report your injury, don’t wait to take action. By understanding your rights and taking the necessary steps to protect yourself, you can increase your chances of receiving the benefits you deserve and holding your employer accountable for their negligence. Contact a qualified workers’ compensation attorney today to discuss your case and explore your legal options.