Can I Sue My Employer For Not Reporting My Injury?

Writing By /
Brenton Armour
UX/UI Designer at - Adobe

Brenton Armour, the visionary founder and lead attorney at InjuryLawsuitHelper, boasts an impressive 15-year track record in personal injury law. His remarkable expertise spans cases...Read more

If you’ve been injured on the job, the last thing you want to worry about is whether your employer is going to report it to the proper authorities. Unfortunately, this is a scenario that happens all too often. But can you sue your employer for not reporting your injury? The answer is yes, but it’s important to understand the process and your rights as an employee. In this article, we’ll explore the details of what you can do if your employer fails to report your injury and how you can seek compensation for your damages.

Can I Sue My Employer for Not Reporting My Injury? Yes, you can sue your employer for not reporting your injury. Employers have a legal obligation to report workplace injuries to the Occupational Safety and Health Administration (OSHA). Failure to do so can result in penalties and fines. If your employer fails to report your injury, you may be able to file a lawsuit to recover compensation for your medical expenses, lost wages, and other damages.

Can I Sue My Employer for Not Reporting My Injury?

If you have been injured on the job, your employer has a legal obligation to report your injury to their workers’ compensation insurance carrier. The workers’ compensation insurance will then provide benefits to cover your medical expenses, lost wages, and other related expenses. However, if your employer fails to report your injury or delays reporting it, you may be wondering if you have the right to sue them.

Employer’s Obligation to Report Workplace Injuries

Under the law, employers are required to report workplace injuries to their workers’ compensation insurance carrier within a certain timeframe. Failure to report the injury in a timely manner may result in penalties or fines for the employer. If your employer fails to report your injury, you should notify them and document the date and time you reported the injury.

If your employer still fails to report your injury, you should contact your state’s workers’ compensation board or an attorney who specializes in workers’ compensation cases. They can provide you with guidance on how to proceed with filing a claim and potentially suing your employer.

Grounds for Suing Your Employer

If your employer fails to report your injury, you may have grounds to sue them for negligence. Negligence occurs when someone fails to take reasonable care, resulting in harm to another person. In this case, your employer’s failure to report your injury may have led to a delay in receiving necessary medical treatment or compensation for lost wages.

To successfully sue your employer for negligence, you must prove that they had a duty to report your injury, they breached that duty by not reporting it, and that breach caused you harm. You must also show that you suffered damages as a result of their negligence.

Benefits of Filing a Lawsuit Against Your Employer

If you decide to sue your employer for not reporting your injury, there are potential benefits to consider. First, you may be able to recover compensation for damages, including medical expenses, lost wages, and pain and suffering. Additionally, a lawsuit may bring attention to your employer’s negligence and encourage them to take steps to prevent similar incidents from happening in the future.

Workers’ Compensation vs. Lawsuit

While you may have the option to sue your employer for not reporting your injury, it is important to understand the differences between a workers’ compensation claim and a lawsuit. Workers’ compensation is a no-fault system that provides benefits to injured workers regardless of who was at fault for the injury. A lawsuit, on the other hand, requires you to prove that your employer was negligent and caused your injury.

Workers’ compensation benefits are typically limited to medical expenses and lost wages, whereas a lawsuit may provide additional damages for pain and suffering. However, a lawsuit can also be a lengthy and costly process, and there is no guarantee of a successful outcome.

Consulting with an Attorney

If you have been injured on the job and your employer has failed to report your injury, it is important to consult with an attorney who specializes in workers’ compensation cases. They can provide you with guidance on how to file a claim and potentially sue your employer for negligence.

An attorney can also help you understand your rights and the benefits available to you through the workers’ compensation system. They can work with you to ensure that you receive the medical treatment and compensation you are entitled to under the law.

Frequently Asked Questions

Can I Sue My Employer for Not Reporting My Injury?

If you have sustained an injury at work and your employer has failed to report it, you may have a case to sue your employer. However, before taking legal action, it is important to understand the steps that need to be taken.

Firstly, you should report the injury to your supervisor or the designated person in charge of handling injuries at your workplace. If they fail to report the incident to the appropriate authorities, such as OSHA or workers’ compensation, you may have grounds for legal action.

It is important to note that each state has its own laws regarding workers’ compensation and the statute of limitations for filing a lawsuit. Therefore, it is advisable to consult with an experienced workers’ compensation attorney to determine the best course of action.

What Are My Rights as an Injured Employee?

As an injured employee, you have certain rights under the law. These include the right to receive medical treatment for your injury, the right to file a workers’ compensation claim, and the right to a safe workplace.

If your employer has failed to report your injury, you may be entitled to additional compensation. This can include lost wages, medical expenses, and pain and suffering.

It is important to understand that you cannot be retaliated against for reporting an injury or filing a workers’ compensation claim. If you believe that your employer has retaliated against you in any way, you should consult with an experienced attorney.

What Should I Do if My Employer Fails to Report My Injury?

If your employer fails to report your injury, you should take action immediately. This may include reporting the injury to your supervisor or the designated person in charge of handling injuries at your workplace.

If your employer still fails to report the incident, you should contact OSHA or your state’s workers’ compensation board. It is also advisable to consult with an experienced workers’ compensation attorney to determine the best course of action.

It is important to keep detailed records of all communications with your employer, including emails, phone calls, and letters. This can be used as evidence if you decide to pursue legal action.

What Can I Expect During a Workers’ Compensation Case?

During a workers’ compensation case, you can expect to attend several hearings and meetings. This may include a deposition, where you will be asked to provide sworn testimony regarding your injury and the circumstances surrounding it.

You may also be required to attend a medical examination by a doctor chosen by your employer’s insurance company. This doctor will evaluate your injury and provide a report to the court.

Throughout the process, it is important to keep detailed records of all medical treatments, expenses, and communications with your employer and their insurance company.

How Can an Attorney Help Me with My Workers’ Compensation Case?

An experienced workers’ compensation attorney can help you navigate the complex legal system and ensure that you receive the compensation you deserve. They can help you file a workers’ compensation claim, negotiate with your employer’s insurance company, and represent you in court.

Your attorney can also ensure that your rights are protected and that you are not retaliated against for reporting an injury or filing a workers’ compensation claim.

It is important to choose an attorney who has experience in workers’ compensation cases and who can provide you with personalized attention and support throughout the process.

In conclusion, the answer to the question “Can I Sue My Employer for Not Reporting My Injury?” is not a simple yes or no. It depends on the specific circumstances of your case. However, if your employer failed to report your injury and you suffered damages as a result, you may have a legal claim. It is important to consult with an experienced workers’ compensation attorney to discuss your options and determine the best course of action.

Remember, reporting your injury to your employer as soon as possible is crucial in order to protect your rights and ensure you receive the appropriate medical treatment and compensation. If your employer fails to report your injury, it is important to document everything and seek legal advice.

In the end, holding your employer accountable for failing to report your injury can be a difficult and complex process. However, with the help of a skilled attorney, you can obtain the justice and compensation you deserve. Don’t hesitate to reach out for help and protect your rights as an employee.

Brenton ArmourUX/UI Designer at - Adobe

Brenton Armour, the visionary founder and lead attorney at InjuryLawsuitHelper, boasts an impressive 15-year track record in personal injury law. His remarkable expertise spans cases from minor injuries to devastating accidents, earning him a sterling reputation as a trusted and passionate advocate for justice. Brenton's unwavering dedication to his clients has cemented his position as a sought-after personal injury attorney.

Scroll to Top