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Reporting a workplace injury: what employees and employers do

On Behalf of | Aug 3, 2020 | Workers' Compensation |

You were injured on the job in Paducah, Kentucky, and have reported the incident to your employer. Now, the question is how soon you’ll receive compensation for your medical bills and lost income. A lot depends on the employer.

Most employers, including sole proprietors, are required to carry workers’ compensation insurance. There are exceptions, such as agricultural employers. Those employers required to carry insurance must also display posters in breakrooms and other gathering areas for employees that tell them their rights under state and federal law.

The obligation to report an injury

For their part, injured employees must report what happened as soon as possible. Where serious injuries are involved, an employee representative may do the reporting. After this, employers must fill out a First Report of Injury form and file it with their insurance provider within seven days. Employers must give the victim a copy of this report.

When employers fail in their duties

Employers can naturally fail in fulfilling their obligations. For example, if they do not share a copy of their First Report of Injury form, the victims could file a separate claim with the applicable state agency. The situation could even escalate to a civil lawsuit against the employer. This can be the case if the employer has no workers’ comp insurance.

Employers may also break the law by refusing the file the victim’s workers’ comp claim. There are several reasons why they might refuse. Perhaps the victim’s injuries are too minor in their eyes to justify a claim, or perhaps the victim was clearly at fault for the accident.

A lawyer to help you obtain compensation

It could be that you sustained workplace injuries in a car accident. This can complicate the workers’ compensation process, so it may be best to have legal representation. While you focus on recovering from your serious injuries, a lawyer may handle the filing of the claim and any appeals.