Here’s how you can find out if your work injury was reported, and what you can do if you find out it wasn’t.
When you are injured at work, you are required to notify your employer, in writing, no later than 30 days after the accident, or after you’ve received a diagnosis (in case you have a workplace illness).
Then, you have little else to do other than await further instructions. Your employer is generally required to complete an injury report and file it with the Missouri Division of Workers Compensation, and the insurance company.
However, in some cases, the employer may fail to make a report, either intentionally or because of some oversight on their part. Here’s how you can find out if the injury was reported, and what you can do in case it wasn’t.
What Does the Law Say?
The employer or the insurance company should generally report your injury to the Missouri Division of Workers Compensation within 30 days after they become aware of your injury or illness. This is known as the First Report of Injury (FROI), and can be filed electronically with the Division.
The law also states that your employer should notify the insurance company of your condition within 5 days of the date on which you reported the injury or illness. If your employer doesn’t file the FROI, they may be facing a class A misdemeanor punishable by a fine up to $10,000. If they are on their second violation, it could be considered a class D felony.
What Can You Do to Check If Your Report Is Filed?
The Division encourages employees to contact them directly to find out if the injury report has been filed or not. They can give you more information if your employer is hard to reach or is not talking to you about your claim.
If your injury report has not been filed yet, and you are in need of medical treatment fast, you can talk to your employer and urge them to do it soon. It’s possible the report was not filed because of a small error, and your employer can quickly fix it and allow you to seek treatment.
If the employer is not responsive to your request, makes excuses, or tries to discourage you from pushing, the best thing you can do is to get in touch with a St. Louis worker’s compensation attorney as soon as possible. The unfortunate truth is that many employers do not want their workers to file a worker’s comp claim, as it could make their insurance premiums go up. Still, it is your right to access medical treatment for workplace injuries or illnesses, regardless of your employer’s preferences.
Speak With an Experienced Workers Comp Attorney ASAP
If you’ve been injured at work, it is in your best interests to speak with an experienced workers comp attorney as soon as possible to ensure your legal right to compensation is protect right from the start of your claim.
If you’ve discovered your employer did not file an injury report and is trying to delay the process, even more, don’t wait. Get in touch with a St. Louis worker’s comp lawyer as soon as possible to ensure your legal rights are protected.
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