However, if you notify your employer by email or some other written method, you have physical evidence that proves it. If you later need evidence that you notified your employer, you have no tangible proof. While you may report your injury verbally to your employer, we do not recommend it. Do I Need to Report My Injury in Writing? Any delays in notifying your employer could make it harder to get your claim approved. Therefore, we strongly recommend that you always tell your employer the same day. Employees with an occupational injury or illness also have 90 days from their diagnosis to notify their employer.ĭespite this deadline, waiting even one day may send a red flag to the insurance company. In Michigan, employees have 90 days to report a single work-related injury. Are There Deadlines for Reporting Your Michigan Workers’ Comp Claim? He or she can help to protect your rights and interests. If your employer makes it difficult to file a claim early on, we strongly recommend you contact a licensed attorney for help right away. Filing this form triggers an automatic notification from the State of Michigan to your employer’s insurance carrier. You can file your claim on your own using Michigan’s Employee Report of Claim Form – WC-117. If your employer refuses to file your workers’ comp claim, you still have options. Employers who misrepresent their business in some way know they could face serious trouble with the law. For instance, if an employer has committed some type of business premium fraud and wants to avoid getting caught. Other employers, however, may have more concerning reasons for not reporting your injury. However, when employers refuse to file a workers’ comp claim, it could be they have concerns about their insurance premiums going up. What if Your Employer Refuses to Report Your Injury?Įmployers are required to file their employee’s workers’ comp claims in a timely manner. Claims for these injuries could benefit from the help of a qualified attorney. That said, occupational injuries, like carpal tunnel or other repetitive stress injuries, are harder to prove. As long as your work duties caused you to suffer this injury, your claim may still be legitimate. However, there are some injuries that do not happen in a single incident that could still be work related. An attorney may still be able to help prove your work injury is valid.įor instance, if you reported a repetitive stress injury and your employer refuses to file a claim saying it is not work-related. Were injured as the result of horseplayĮven if the reason for your employer refusing to file your claim seems valid, he or she could be in the wrong.Reported a false claim for an injury that did not happen or happened elsewhere.Sustained an injury or illness that is not work-related.Suffered only a minor injury that did not require you to miss any work hours.Did not include relevant details your employer needed to report the claim.Failed to report your injury to your employer within the required 90-day window.There are some reasons your boss could legitimately refuse to file your workers’ comp claim, such as if you: Can My Employer Refuse to File My Workers’ Comp Claim? If you are unsure whether your employer carries workers’ compensation insurance, you can use the state’s online tool to find out. Injured employees may be able to sue employers who fail to provide workers’ compensation coverage. Benefits begin once the employee’s covered injury or occupational illness last seven days or longer. It must be completed online and then submitted to the Workers’ Disability Compensation Agency and the employer’s insurance carrier. Once employers receive notice of a work injury, they must complete form WC-100 for that employee. Your employer may provide benefits through a private insurance company, self-insured coverage or through a group fund. In Michigan, the law requires nearly all employers with one or more employees to provide workers’ compensation coverage. (989) 244-0394 Do All Employers Have to Carry Workers’ Comp Insurance? There are no upfront costs if we represent you and no fees to pay unless we win your case. We have extensive experience helping injured workers and a history of proven results.Ĭontact our firm today to learn if you have legal options in a no-risk, no cost initial case review. ![]() What happens if your employer refuses to file your workers’ comp claim? Can employers do that? What are your legal options if this happens?Īt Jay Trucks, we are dedicated to helping the injured get the workers’ compensation benefits they need. After being notified, your employer also has a deadline for filing your claim for workers’ compensation. When workers get hurt on the job, they have a short window to report the incident to their employers.
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