Episode 131: In this episode, Calloway County workers’ compensation attorney Jeff Roberts discusses what employees should do when an employer delays, resists, or refuses to report a workplace injury for workers’ compensation. Jeff explains the legal responsibilities employers have after receiving notice of an injury and outlines the potential problems that arise when claims are handled informally or not reported at all. He covers issues involving delayed reporting, statute of limitations concerns, uninsured employers, independent contractor misclassification, and the importance of documenting workplace injuries from the very beginning. Jeff also shares steps injured workers can take to protect their rights and preserve evidence.
If you’re watching this episode, welcome to our video podcast format. We’re still publishing the audio-only version, but we’re excited about this new style for Jeff Roberts and the Roberts Law Office Injury Podcast.
You Gave the Company Years of Your Sweat and Effort
Many injured workers can get frustrated when they question why the employer isn’t stepping up to help you, when you really need it. You’re required by law to report your workplace injury to your supervisor or someone higher in the organization. Employers are supposed to then notify their worker’s comp insurance carrier of to report the claim. There are several reasons your employer may hesitate to report the claim.
Reasons Your Employer May Hesitate to Report Your Workers’ Comp Claim
A common reason is the company may think your injury isn’t work-related. They may tell you they don’t think it actually happened on the job. While this does happen from time to time, Jeff explains that most employers report the claim and let the insurance carrier make the determination.
Trying to Avoid an Increase in Insurance Premiums
Your employer may hesitate to report a workers’ comp claim because they don’t want their insurance premiums to potentially increase. In fact, the employer may decide to pay for some minor medical treatment, instead of submitting the claim. This doesn’t always go as well as they intended. This can cause problems for the injured worker.
If more extensive medical treatment is required, the worker’s comp carrier doesn’t even know an injury as occurred. The worker might get stuck with co-pays or other expense normally covered by workers’ comp.
If an MRI or other more expensive treatment is required, the employer may finally decide to report the claim. However, now the insurance carrier has a right to investigate why the claim wasn’t reported earlier. Hopefully, your employer will take the blame, but there’s also the possibility they may try to say they just found out it was work-related. You’re going to have to prove you gave notice. This is a requirement under the law.
Jeff recommends a couple of steps you should take. First, make sure you tell your doctor and any additional doctor or specialists that your injury is work-related. You want them to document this in the medical records. Additionally send a text or email to your supervisor confirming you told him/her you informed them of your work injury, as a way of protecting yourself.
Has the Employer’s Worker’ Compensation Policy Lapsed?
In a Kentucky company has one or more employees, it’s required to carry workers’ compensation insurance. If a company fails to pay its insurance premiums, that policy may lapse. This can be a huge problem and a reason the employer may hesitate to report your workers’ comp injury.
It’s not uncommon for a company to classify a worker as an independent contractor. That classification of worker is exempt from the employer’s workers’ comp coverage. Unfortunately, they may try to misclassify you, to hide the fact that their workers’ comp policy has lapsed.
Luckily for the injured employee, who isn’t an independent contractor, Kentucky has an Uninsured Employers’ Fund to pay for the medical expenses and other workers’ comp benefits the individual is qualified to receive. This is a safety net to cover people when their employer fails to have active, workers’ comp coverage.
The injured worker may have to use their own health insurance or pay for some expenses out of pocket, until it’s determined the Fund will cover the expenses, by a judge. Any payments by the individual or health insurance company would normally be reimbursed.
Jeff points out that if the employer doesn’t have workers’ comp coverage, you may be able to file a claim for pain and suffering, based on the negligence of the employer.
Be Mindful of Your Statute of Limitations
Even though you may have been receiving some payments based on your injury, you still need to file workers’ compensation claim. You may have received a formal letter notifying you of your statute of limitations. This is a specific timeframe for you, or your attorney, to file a claim with the Department of Workers’ Claims. If you go beyond that timeframe, you will be disqualified from being able to receive workers’ comp benefits.
The Employer May Be Trying to Run out the Clock
While your employer may have been covering some of the medical expenses and paying your wages, they may still have not actually filed the workers’ compensation claim. In fact, they may be counting on the fact that you don’t realize the importance of your statute of limitations. The day that expires, they no longer have to pay for medical treatment, because a claim wasn’t filed with the Department of Workers’ Claims. This is different from the insurance claim.
If your employer hesitates to file a workers’ comp claim, you could lose your rights to both income benefits and future medical treatment. This is a very serious situation and why you should speak to a workers’ compensation attorney about your rights, if you suffer a work-related injury.
Even if the employer wasn’t intentionally trying to cost you your workers’ comp benefits, you’re still the one left holding the bag.
Jeff offers free, initial consultations to ensure you have the information you need to decide you best options.
We hope you found this episode insightful and helpful.
Thank you for listening!
What Do Other Clients Think About Jeff?
We always encourage listeners to read the Google Reviews Jeff Roberts has received from many of his clients. A 5-Star rating and the comments are earned recognition and demonstrate Jeff’s commitment to his clients. As a solo attorney, he has more Google Reviews than some firms with multiple attorneys. Jeff shares the credit with his staff at the Roberts Law Office. Successfully representing injured clients is a team effort. It’s why Jeff likes to say his firm offers “Small Town Service with Big City Results.”
Jeff Roberts Represents Injured Clients Throughout Kentucky
With offices located in Calloway County (Murray) and now in Christian County (Hopkinsville), Jeff has a history of representing personal injury clients, workers’ compensation clients and social security disability clients across the state. He’s represented clients from Paducah, Bowling Green, Louisville, Covington, Whitesville and many other Kentucky locations. He’s not just a Western Kentucky injury attorney.
Is It Time to Speak with an Attorney about Your Workplace Injury Claim?
The office phone number is (270) 753-0053 or toll free at 800-844-5108. For more information, visit www.JeffRobertsLaw.com. This podcast is meant to provide information and is not legal advice. Jeff’s principal office is located at 509 Main Street, Murray, Kentucky. Co-host Jim Ray is a non-attorney spokesperson. This is an advertisement.
