After an employee has been injured at work, he should ensure that he reports the injury to the employer within the next 30 days following the accident.
Now the employer is held responsible to notify the workers’ compensation insurance provider about the injured worker and the injuries.
There may be an instance where a worker has notified the employer, but the employer doesn’t follow through.
There are also situations in which an employer might delay reporting an employee’s injury.
Why Would My Boss Not Report My Injury?
There could be many of different reasons why a boss might decide to delay reporting a worker’s injury – none of which should be tolerated.
For starters, an employer may decide that the employee’s injury could reflect badly on themselves.
In some situations, the boss could be the one responsible for the conditions that lead to the employee’s injuries typically coinciding with safety issues which would fall on the boss.
Reporting the worker’s injuries might cause the boss to have a lot of additional work.
It may be that there are incentives for delaying the report, such as keep the workplace accident-free for a set amount of time.
The employer could result in a loss of a bonus or induce a penalty for reporting the employee’s injuries.
Employers Have An Obligation To Report Injuries To Insurance Providers
The employer must report an injured worker’s injury to the workers’ compensation insurance provider during a specific amount of time after being told about the injury that had happened.
Under section 409.005 of the Texas Workers’ Compensation Act, a boss is responsible for reporting an injury to the insurance provider within eight days of:
- Any instance of a work-related injury resulting in the injured worker’s absence of more than one day of work
- Knowing about any kind of occupational disease; or
- Any kind of work-related fatality.
This makes sure that when the injured employee decides to file a workers’ compensation claim in the near future, the workers’ compensation insurance company will be ready.
Injured employees are required to file their workers’ compensation claim within one year after the injury has occurred, or one year when the injured employee knew about an injury or illness that was work-related.
In order to report their injuries, employees should use the Division of Workers’ Compensation Employer’s First Report of Injury or Illness form (DWC Form-001) through the Texas Department of Insurance.
The employer should provide the injured employee with a copy of the completed and submitted DWC Form-001, as well as, a copy of the Notice of the Injured Employee Rights and Responsibilities in the Texas Workers’ Compensation System.
It is then the employer’s responsibility to retain a record for a total of five years, or whatever amount the Occupational Safety and Health Administration (OSHA) requires, whichever is longer.
A Workers’ Compensation Lawyer Could Help
In the case that an employer is delaying the notification to the workers’ compensation insurance provider about the employee’s injury, a Fort Bend workers’ compensation attorney might be able to help the injured employee.
An employer will notice that the injured worker is serious about filing a workers’ compensation claim, after hiring a lawyer.