If you reported your workplace injury to your supervisor, but your employer refuses to report your injury to its insurance program, you have several options. First, you might need to report the injury to the workers’ compensation insurance carrier. You could also file your claim directly with the State Board of Workers’ Compensation.
You do not have to forego your right to compensation and medical care after getting hurt on the job. A workers’ compensation lawyer in your area can explain the laws governing your claim. They can also explain your rights, your employer’s responsibilities, and your next steps.
Georgia Law Requires Employers to Report Workplace Injuries
If you suffer a workplace injury, O.C.G.A. § 34-9-80 gives you 30 days to report your injury to your employer. Then, your employer must report your injury to the State Board of Workers’ Compensation within a specified period.
If your employer refuses to report your injury, it could face costly penalties, including late filing penalties. In addition, you could contact your state board or your employer’s insurance carrier.
When your employer does not report your injury, you should also consider reviewing your case with a personal injury lawyer who handles workers’ compensation cases.
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Do Not Wait to Seek Assistance from a Workers’ Compensation Lawyer
Many of the rights you have to apply for workers’ compensation benefits include filing deadlines that you must comply with. Thus, a delay in filing your claim could lead to missing a deadline, thus affecting your ability to recover monthly financial benefits and necessary medical care.
The sooner you put a workers’ compensation attorney to work on your case, the more time they have to investigate your accident and comply with all deadlines. So, is your employer unwilling to report your injury or asking you to use your private insurance for medical care? If so, don’t hesitate to seek legal guidance and support from a lawyer near you without delay.
Contact the Workers’ Compensation Board in Georgia
Your workplace should have posted signs and posters that tell you how to contact the State Board of Workers’ Compensation. Thus, you can contact the board directly if your employer does not report your workplace injury.
Moreover, suppose you cannot find a poster containing this information at work. In that case, you could find the information using an internet search or by working with an attorney who regularly handles workers’ compensation cases. In addition, they can help you understand your available options.
Contact Your Employer’s Insurance Company
State law requires companies with three or more workers to carry workers’ compensation insurance. You can check with the State Board of Worker’s Compensation to verify if your employer has workers’ compensation coverage.
Besides the workers’ compensation board, you could also contact the insurance company your employer uses for injured workers. Again, you should be able to find this information at your workplace.
Finally, if you cannot identify or reach the insurer, your lawyer could handle this task. In addition, your attorney can explain additional recovery avenues if your employer doesn’t have workers’ compensation coverage.
Complete and Submit an Injury Claim Form
When you seek workers’ compensation benefits, you must submit a claim form with information about your accident and injury. You will submit this form to:
- The State Board of Workers’ Compensation
- Your employer
- Your employer’s workers’ comp insurance provider
Your attorney can explain how and where to obtain and submit the required forms. They can also clarify how to substantiate your claim and the attachments you should include. The forms are typically available at no cost, and you can download them from the State Board of Workers’ Compensation.
You Have Rights as an Injured Worker
When you sustain a workplace injury or contract a work-related illness, you are responsible for reporting your injury to your employer within 30 days. You are also responsible for seeking medical care from the healthcare professional your employer chooses.
However, along with these responsibilities, you also have the following rights that your employer must respect:
- Filing a claim for benefits
- A workers’ compensation hearing
- Necessary and appropriate medical care
- All the benefits you qualify to receive
- To return to work post-recovery
If you cannot return to work, you are also entitled to permanent or temporary disability compensation. If your employer denies your initial application, you have the right to file an appeal. Your lawyer will explain the appeals process.
You Cannot Be Penalized for Reporting a Workplace Injury
Your rights when seeking workers’ compensation benefits include freedom from retaliation or harassment for filing a claim. Neither can your employer nor the insurer pressure you to use your medical insurance rather than filing a workers’ compensation claim. Your employer could face serious penalties for any violation of your rights.
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Contact One of Our Workers’ Compensation Team Members
Were you or someone you love injured at work, but your employer will not report your injury to its insurer or the State Board of Workers’ Compensation? Your right to workers’ compensation benefits does not end because your employer refuses to report your injury.
At Bader Scott Injury Lawyers, we can help you understand your reporting options and fight for the medical and monetary benefits you are entitled to receive. Contact one of our workers’ compensation team members to get started today.