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What If My Employer/Boss Won’t Report My Injury To Workers’ Compensation in Harris?

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.
Next it is now the employer’s responsibility to notify the workers’ compensation insurance provider about the injured employee and the injuries.
Sometimes the employer will fail to notify their boss on the injured employee’s report.

There may be a situation where the employer delays notifying the insurance provider.

Why Would My Boss Not Report My Injury?

The answer could incorporate many reasons in why a boss might delay the notification of a worker’s injury, none of which are appropriate reasons.

For instance, a boss may notice that reporting an employee’s injury could reflect badly on themselves.

In one situation, safety within a particular work place could fall on the shoulders of the employer, this would make the employer accountable for the conditions that lead to the worker’s injuries.

Reporting the employee’s injury might simply result in a lot of additional work for the employer.

Having an accident-free workplace for a set amount of time, is just one of the incentives that could be on the line.

Reporting the employee’s injuries could potentially result in the loss of a bonus, or induce a penalty for the employer.

Employers Have An Obligation To Report Injuries To Insurance Providers

It is the boss’s responsibility to notify that workers’ compensation insurance provider about an injured worker’s injury within a specific amount of time after being notified about the injury.

The employer is required to report the injury to the insurance provider, according to section 409.005 of the Texas Workers’ Compensation Act within eight days of:

  • A work-related injury that forces the injured worker to be absent from work for more than one day
  • The knowledge of any occupational disease; or
  • Any work-related casualty.

This is put in place to ensure that the workers’ compensation insurance company knows that the injured employee might file a workers’ compensation claim soon.

When an employee is injured, they have one year to file their workers’ compensation claim, or one year to file after they had found out about their injury or ailment.

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.

It’s also the employer’s responsibility to make sure that the injure employee has a copy of the Notice of the Injured Employee Rights and Responsibilities in the Texas Workers’ Compensation System, as well as, a copy of the completed and submitted DWC Form-001.

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

If you are in a situation where your employer is dragging their feet in notifying the workers’ compensation insurance provider about your injury, a Harris workers’ compensation lawyer might be available to assist you.

An employer will notice that the injured worker is serious about filing a workers’ compensation claim, after hiring a lawyer.

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