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  1. #1
    Join Date
    Aug 2011
    Location
    Miramar Beach Fl
    Posts
    3

    Default What Happens when a Employer Does Not Write Up a Accident Report, Employee Injury

    My workers compensation claim was made in the State of:Florida
    I took a fall at work several witness even assistant manager who help me get up
    I asked that this be written up, no acknowledgement.. the next day I ask store manager if he
    was told of my fall, he said no, I showed him the bruises, still no report written. no offer to seek medical advise
    was told by assistant manager that it was not the stores fault that I fell. Myself and other employees were
    told to load emply 9 ft pallets in the back of truck that we had just unload with merchandise
    this was on Aug 11.. I fell loading a pallet I am 54 female petite,
    my injuries at the time were brusing and sore, but now 2 weeks later back and shoulder pain continue.
    I continue to work despite pain, I dont have insurance to cover the expense of Dr.
    I wsas told also that since I continue to work, that I did not sustain any major injury.
    I have one photo of injury. any advise?????????????
    Last edited by mdwenk; 08-27-2011 at 01:25 AM.

  2. #2
    Join Date
    Jul 2010
    Location
    New York State
    Posts
    316

    Default Re: What Happens when a Employer Does Not Write Up a Accident Report, Employee Injury

    You had an injury at work. There should be documentation, plain and simple. Sounds like the EmPloyer (ER) doesn't want to write up a Workers Comp (WC) claim for whatever reason.

    I highly suggest talking to an attorney like, yesterday !!!!

  3. #3
    Join Date
    Feb 2007
    Location
    Calif
    Posts
    18,011

    Default Re: What Happens when a Employer Does Not Write Up a Accident Report, Employee Injury

    was told by assistant manager that it was not the stores fault that I fell.
    I wsas told also that since I continue to work, that I did not sustain any major injury.
    Whether or not an injury report is written up...is an ER internal policy.
    IF you feel you require medical attention...you file a first report of injury, and claim for WC benefits...the ER, nor your supervisor makes any decision...you are to be directed in how to seek medical care. If the ER has the right to select the first Dr you see... that's where you go.

    When you request the form to file a WC claim...that is the trigger for the ER to explain how you seek medical care. Otherwise, they don't have to 'offer'. In your case, as you asked for the injury report to be filled out, that should have been enough for any member of management to provide the WC claim form. Anything further, is not their decision to make.
    You don't need witnesses, or photos ...no one disputes you are injured, only to what extent the ER carries liability.

  4. #4
    Join Date
    Aug 2011
    Location
    Georgia
    Posts
    800

    Default Re: What Happens when a Employer Does Not Write Up a Accident Report, Employee Injury

    I can't add much to what BvIA has already suggested, however, you might try getting the number for your Corporate office and talk to somebody in Risk Management to get things going.

  5. #5
    Join Date
    Aug 2011
    Location
    Miramar Beach Fl
    Posts
    3

    Default Re: What Happens when a Employer Does Not Write Up a Accident Report, Employee Injury

    even though I have not had any medical attention due to not having insurance to cover??

    and returing to work despite the constant pain, I work in retail warehouse, freight, which intails
    back breaking lifting...
    but now the after effects from falling is shwoing up.
    would I loe my job if I hired a attorney
    i work for major retail company

  6. #6
    Join Date
    Aug 2011
    Location
    Georgia
    Posts
    800

    Default Re: What Happens when a Employer Does Not Write Up a Accident Report, Employee Injury

    This gets a little complicated. Will you lose your job if you hire an attorney ? Maybe. Florida, like most states, is an at-will employment state. Your ER (employer) can terminate you without cause. However, in most situations, if you are terminated BECAUSE you have a work injury and file for WC, the ER can be held liable for wrongful termination. If the ER has legitimate reasons to effect your termination anyway, it would be difficult to prove that it was because of the WC claim. This is why it's important that you get legal counsel on this. The attorney can generate the WC first report of injury for you and protect your rights in the process.

    The point here is that, in most states, you have a certain amount of time to report the injury, or you cannot file a WC claim. Usually, that is around 30 days, but may be different in Florida. If your supervisors/managers refuse to report the injury, you need to do that yourself. None of us can tell you exactly how to do that, because we aren't familiar with your company or how to contact your corporate office. Again, an attorney can help you with the reporting requirements.

    It's not unusual for a back injury to manifest itself gradually over time and not present debilitating problems in the beginning. If you aren't pursuing this vigilantly with your management, you need to demand that they complete the injury report and send you to one of the Dr.'s on the "posted panel" for evaluation. Look in your breakroom or wherever you might "clock in" - there should be a collection of posters hanging up that detail what your rights are and how a WC claim is handled within your company.

    On another note - your manager saying that it's not the company's fault that you hurt yourself is true in a sense. However, WC is supposed to be a "no fault" system, meaning that you aren't blaming the company for your fall, just saying that you did fall, and was injured in the process. WC is applicable when you were injured "in the course of your employment, as a result of your employment duties". This means you will be covered for the job injury.

    If you can't get management to initiate the report and get you the medical care you need, you should seriously consider getting a lawyer to push this forward ASAP.

  7. #7
    Join Date
    Feb 2007
    Location
    Calif
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    Default Re: What Happens when a Employer Does Not Write Up a Accident Report, Employee Injury

    If your supervisor refuses to provide the WC claim form...you can go to any Dr who will treat you. The provider will contact the ER for information on how to bill... again, the ER does not make the decision...but must provide the info requested.

    As to termination issues... if you are eligible for unpaid leave under FMLA, your ER must notify you when you file the comp claim, and provide those forms for your Dr to certify eligiblity. FMLA provides up to 12 weeks/annum job and ER provided benefits protection. You may or may not be elligible for FMLA...depends on how long you have worked there... a minimum of one year/1250 hours.

    I'm sure FL has a one year SOL on filing a WC claim...maybe 2, that changed not long ago. I do beleive most states have a one year SOL from the time you/your Dr have reasonable expecation your injury is work related. States vary in this, mostly in when your ER was aware too.

  8. #8
    Join Date
    Aug 2011
    Location
    Georgia
    Posts
    800

    Default Re: What Happens when a Employer Does Not Write Up a Accident Report, Employee Injury

    BvIA - if I'm not mistaken, there is a certain period of time in which the INJURY needs to be reported to the ER in order to qualify for WC, as opposed to the statute of limitations as to when you can file an actual claim for WC benefits (that being 1 or 2 years, depending on State) from the time of the injury. Have I got that right ?

  9. #9
    Join Date
    Feb 2007
    Location
    Calif
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    Default Re: What Happens when a Employer Does Not Write Up a Accident Report, Employee Injury

    There are some states that require notification to the ER within specific timeframe... 24 hrs, 30 days etc...that woudl still go to when the EE/IW or Dr/medical provider has reasonable knowledge the injury/illness is work related.
    There could be a fall, as in this thread...and the IW experience symptoms days later... filing a claim at that time...days later, would suffice notification. When a reasonable person has knowledge... often debatable. And...a WC judge would weigh toward the IW... in most cases.

  10. #10
    Join Date
    Aug 2011
    Location
    Georgia
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    Default Re: What Happens when a Employer Does Not Write Up a Accident Report, Employee Injury

    The reason I ask is that in Georgia, the IW has to report the injury to the ER within 30 days of the actual date of injury - in the case of a "fictitious date of injury", as in repetitive motion injuries, there is no solid rule, but one can't say they noticed it first 4 months ago. It needs to be a "reasonable" period of time.

    To claim benefits of any kind (medical or wage-replacement) the actual WC claim must be made within 1 year of the injury date. This is assuming that the IW is not claiming benefits at the outset of the injury (this would be rare). The purpose of this is to protect some IW's who, for some reason or another are uncertain of the extent of the injury until beyond the 30 days and may not actually seek medical care.

    Regardless, your ER must be notified by some means within 30 days of the injury.

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