What if My Employer Didn’t File My Workers’ Compensation Claim?

Filing a workers’ compensation claim requires employers, employees, and insurers to comply with a host of rules and procedures. Failing to abide by these rules can have serious consequences on the outcome of a claim. Those who fail to file a claim on time, for instance, could end up losing their right to seek benefits at all. Unfortunately, some claim processes are delayed not due to carelessness on the part of an injured employee, but as a result of an employer’s negligence or deliberate inaction. Injured employees who find themselves in this situation are not, however, without legal recourse, so if you were hurt at work, but your employer failed to file your claim on time, you should speak with an experienced Wilkes Barre workers’ compensation lawyer who can help ensure that you are not penalized for your employer’s error.

The Workers’ Compensation Process in PA

Pennsylvania workers’ compensation law requires that employees inform their employers about a workplace injury or illness within 120 days of the date of injury or diagnosis. Once this claim has been filed, the employer is required to file a First Report of Injury (FROI) with the Bureau of Workers’ Compensation, as well as their workers’ comp insurer. This is an extremely important step, as the sooner an employer files a report with the state and its insurer, the sooner the insurer can decide to accept or deny the claim.

How do I Know if My Employer Reported My Claim?

Workers’ compensation insurers are required to accept or deny all claims within 21 days of filing, so if a claimant doesn’t receive a response within this timeframe, it could be because the injured workers’ employer didn’t send in the FROI. This failure could be attributed to a number of reasons. For instance, an employer might not think that a claimant’s injuries are severe enough to qualify for workers’ compensation. Alternatively, an employer may be trying to avoid having their insurance rates go up, or they may actually lack insurance completely, which would be a violation of state law. In some cases, an employer might even deliberately delay the claim process in an effort to force an employee to give up a claim. This type of conduct is unlawful, as Pennsylvania employers are legally obligated to report injuries to the state and their insurers and can be held liable if they fail to abide by these rules.

How a Workers’ Comp Attorney Can Help You

Even if your employer fails to report your injury in a timely manner, you can still pursue the benefits to which you are entitled. An experienced Wilkes Barre workers’ compensation attorney can guide you through this process and help ensure that your employer doesn’t deprive you of your rightful benefits. If you were injured at work and your employer hasn’t reported your claim, please call the Figured Law Firm at 570-954-9299 today to set up a confidential consultation with an experienced workers’ comp attorney who can walk you through your legal options.

Resource:

dli.pa.gov/Individuals/Workers-Compensation/publications/Documents/WC%20Act/chapter_121.pdf