In the event that a worker has suffered an injury while at work, it is their responsibility to report the injury to the employer within 30 days of when the injury occurred.
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’s also the case that the employer may delay notification on the worker’s injury.
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 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.
The employer may have to do a lot more work than usual in order to report the worker’s injuries.
Having an accident-free workplace for a set amount of time, is just one of the incentives that could be on the line.
In certain cases, an employer could lose a bonus or induce a penalty for reporting the worker’s injuries.
Employers Have An Obligation To Report Injuries To Insurance Providers
It is the employer’s obligation to report an injured employee’s injury to the workers’ compensation insurance provider within a dedicated amount of time after being told about the injury that occurred.
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:
- 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 kind of work-related fatality.
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.
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.
By using the Texas Department of Insurance, Division of Workers’ Compensation Employer’s First Report of Injury or Illness form (DWC Form-001), employees are able to report their injuries.
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 Sugarland workers’ compensation lawyer might be available to assist you.
When you hire an attorney, it shows to your employer that you are serious about filing for workers’ compensation.