Can an employer refuse to file a workers’ compensation claim?
You were injured at work. The first thing you did was tell your employer then you sought medical attention. While recovering, you learn that your employer never reported the incident to the company’s insurance company. Is this legal?
There are many ways an employer will try to get out of paying a workers’ compensation claim and this is one of them. It is the responsibility of your employer to immediately notify the insurance carrier after an employee accident. However, your boss might avoid filing a claim by telling you to use your own health insurance and not say it was a work-related injury. Whatever you do, don’t listen. If you decide to file a workers’ compensation claim later on, your employer can turn around and show that you said previously the injury did not occur on the job.
If your employer refuses to file a claim, the first thing you should do is hire an experienced workers’ compensation lawyer. The lawyer will help you file a formal workers’ compensation claim with the state so you can receive the proper medical and temporary benefits. You may also want to file for a formal claim petition with the New Jersey Division of Workers’ Compensation.
Workers’ compensation is a tricky area for anyone to navigate. This is the reason why you need an attorney by your side. That’s why you should consider the Law Offices of Anthony Carbone, PC. We have over 25 years of experience in New Jersey workers’ compensation law and we can fight for you. Contact us today for a free consultation.