When Maryland Employers Fail to Report a Work-Related Injury
If you were hurt in an on-the-job accident, you have a duty to let your employer know about your injuries within 10 days after the incident. Doing so triggers two legal obligations for your employer:
- The company is required by state law to submit a “First Report of Injury” to the Maryland Workers’ Compensation Commission (WCC) within 10 days thereafter; and,
- Your employer must send copies of the report to its workers’ comp insurance provider, since companies with one or more employees must carry this type of coverage.
Unfortunately, despite the legal requirements, some employers either delay or fail to forward the necessary documents to WCC. Therefore, you may not get proper medical care or receive other benefits that you are entitled to by law. Instead of trying to deal with the matter yourself, it is wise to trust a Maryland workers’ compensation lawyer to handle the process. Some information on an employer’s failure to report may also be helpful.
Reporting Violations by Maryland Employers: An innocent mistake or misunderstanding regarding the legal requirements can occur, but a company’s failure to report is usually motivated by improper reasons. Most are financial in nature, such as where your employer:
Does not carry workers’ comp insurance;
- Wants to avoid an increase in insurance rates;
- Contests the severity of your injuries; or,
- Asserts that your medical condition was not job-related.
An employer or workers’ comp insurance company may have lawful reasons to deny your claim, and they are justified in conducting an investigation. However, these factors do not affect the duty to notify WCC within 10 days after learning about your injury-causing accident.
What to do if Your Employer Fails to Report: It is essential to take action if you believe that your employer is delaying or refusing to forward documentation to WCC. Not only are there important deadlines to note, but you are in a tough financial position when your workers’ comp benefits are delayed. The first step is consulting with a workers’ comp attorney, but you should also:
- Take notes on who you notified and how you reported the accident to your employer.
- Make copies of any written accident reports or internal company forms.
- Write down the time, date, and relevant details regarding the accident.
- When seeking medical care for your injuries, inform your treating physician that you were hurt as the result of a workplace accident.
- Keep any written statements your employer forwarded about not reporting to WCC and/or take notes of similar verbal communications.
- Create a file of all written and verbal statements from your employer’s workers’ comp insurer.
- File your own report with the WCC with information about your accident and employer’s failure to report.
Contact Our Maryland Workers’ Comp Attorneys for Legal Help
When an employer attempts to thwart your rights as an injured employee, it is critical to retain legal counsel as soon as possible. Our Maryland workers’ compensation lawyers at the Law Offices of Steinhardt, Siskind and Lieberman, LLC can assist with your claim, so please contact our offices today to set up a consultation.