Page 1 of 2 12 LastLast
Results 1 to 10 of 14
  1. #1
    Join Date
    Jan 2013
    Posts
    4

    Default I Don't Want to File a Worker's Comp Claim but My Employer is Insisting

    A couple of weeks ago I fell coming out of a little used entrance at my work. There is a concrete "lip" that caused me to trip. I was a little bruised but no harm done. Since I fell on my face, I was worried that my front teeth might have a hairline crack--I visited my dentist for my annual checkup and xrays and he said everything is fine.

    At work, I filed a safety hazard report hoping to get that concrete lip filed down so that someone else wouldn't trip.

    After I filed the report I've been hounded by one of the HR staff to file a worker's compensation claim.

    Can they make me file a claim?

    thanks!

  2. #2
    Join Date
    Feb 2007
    Location
    Calif
    Posts
    17,943

    Default Re: I'm Fine, I Don't Want to File a Claim but My Employer is Insisting

    Yup... injuries at work must be reported by law.
    The WC carrier if any will review, document and keep the claim on file.
    There is nothing for you to do but sign the first report of injury form, you aren't due any benefits at this time. No harm, no foul

  3. #3
    Join Date
    Jan 2013
    Posts
    4

    Default Re: I'm Fine, I Don't Want to File a Claim but My Employer is Insisting

    Quote Quoting BvIA View Post
    Yup... injuries at work must be reported by law.
    The WC carrier if any will review, document and keep the claim on file.
    There is nothing for you to do but sign the first report of injury form, you aren't due any benefits at this time. No harm, no foul
    But there's no injury. It's akin to me stubbing my toe at work--WC surely doesn't want every single bruise, bump, or scrape reported?

  4. #4
    Join Date
    Oct 1971
    Posts
    5,054

    Default Re: I'm Fine, I Don't Want to File a Claim but My Employer is Insisting

    linbo
    But there's no injury.
    Sure there is, you said initially " I was a little bruised but no harm done. Since I fell on my face, I was worried that my front teeth might have a hairline crack"
    So what happens if 6 months from now, you decide that little bruise is a fracture or the dentist missed a damaged tooth?
    They have to protect their interest, a report must be filed and you should be evaluated by a company doctor.

    Tony
    Moderator Responses are based on my personal bias, experience and research - They do not represent the views of the admin nor may be accepted in the legal community, always consult an attorney.

  5. #5
    Join Date
    Jan 2013
    Posts
    4

    Default Re: I'm Fine, I Don't Want to File a Claim but My Employer is Insisting

    But legally, can they make me file a claim? It just doesn't sound right. I've already reported the incident through my company's system. Something similar might be if I get in a car wreck; there is no legal compulsion to file a claim with my auto insurance but a police report should be filed.

  6. #6
    Join Date
    Feb 2007
    Location
    Calif
    Posts
    17,943

    Default Re: I'm Fine, I Don't Want to File a Claim but My Employer is Insisting

    The ER policy, and WC laws mandate this... sign the injury report, claim form, whatever HR wants you to do.
    Nothing similar to a car wreck... in WC, there is a legal 'compulsion' to file a claim.

  7. #7
    Join Date
    Jan 2013
    Posts
    4

    Default Re: I'm Fine, I Don't Want to File a Claim but My Employer is Insisting

    Thanks for your thoughtful replies!

  8. #8
    Join Date
    Feb 2007
    Location
    831 East Morehead St., Ste 355, Charlotte, NC 28202
    Posts
    3,762

    Default Re: I'm Fine, I Don't Want to File a Claim but My Employer is Insisting

    The workers comp law mandates that an injured worker file a claim even though he does not want to make a claim? Surely you are joking. What is the cite to that statute?

    The mandate is, if you want benefits, you have to file a claim.
    The North Carolina Court of Appeals has held that "In contested Workers' Compensation cases today, access to competent legal counsel is a virtual necessity." Church v. Baxter Travenol Labs, Inc., and American Motorists Insurance Company, 104 N.C. App. 411, 416 (1991).

    Bob Bollinger, Attorney and Board Certified Specialist in NC Workers' Compensation Law

  9. #9
    Join Date
    Oct 1971
    Posts
    5,054

    Default Re: I'm Fine, I Don't Want to File a Claim but My Employer is Insisting

    complwyr
    The workers comp law mandates that an injured worker file a claim even though he does not want to make a claim? Surely you are joking. What is the cite to that statute?
    Employers are mandated to do so if the injury results in more than one day of lost time.

    Texas employers who do not carry workers’ compensation insurance coverage are required to report their non-coverage status and work-related injuries and occupational diseases to the Texas Department of Insurance, Division of Workers’ Compensation (TDI-DWC). Employers who do carry workers' compensation insurance coverage are required to report all known occupational disease and any work-related injuries that result in more than one day of lost time. Employers that fail to meet these requirements commit an administrative violation and may be subject to administrative penalties.
    http://www.tdi.texas.gov/wc/employer/index.html

    According to what I see in the employer rights and responsibilities fact sheet:
    The employee has the right to " to reject workers’ compensation coverage and retain their
    common law right of action."


    EMPLOYER RESPONSIBILITIES
    Reporting Workers’ Compensation Insurance Coverage to Employees
    Employers must tell their employees that they carry workers’ compensation insurance by providing a written
    notice of coverage to new employees upon hire. The written notice must inform employees of their right to
    reject workers’ compensation coverage and retain their common law right of action.
    This notice must be in the
    wording and format prescribed by TDI-DWC’s New Employee Notice.
    http://www.tdi.texas.gov/pubs/factsheets/employerrr.pdf


    Tony
    Moderator Responses are based on my personal bias, experience and research - They do not represent the views of the admin nor may be accepted in the legal community, always consult an attorney.

  10. #10
    Join Date
    Feb 2013
    Location
    Little Rock, Arkansas
    Posts
    1

    Default Re: I'm Fine, I Don't Want to File a Claim but My Employer is Insisting

    I completely agree here. The workers compensation laws were made to protect everyone. If God forbid, say another employee was injured for the same reason, they did get injured badly and the law became involved...if during the investigation they found that this had previously happened, yet the company had not covered themselves by following the laws and having documents completed and signed, they could be facing more issues. It doesn't necessarily mean that they believe anything's going to happen further with the issue because of you. They just have to follow the law. It won't effect you in any way. Just a couple of minutes of your time to complete the form.

Similar Threads

  1. Boss Won't File Worker's Comp Claim for an Injured Worker
    By hellokitty in forum North Carolina
    Replies: 4
    Last Post: 05-05-2011, 04:15 PM
  2. When is it Too Late to File a Worker's Comp Claim
    By Oneluv1627 in forum Oklahoma
    Replies: 2
    Last Post: 08-08-2010, 08:20 AM
  3. Employer Refuses To File Comp Claim
    By hurtin in forum Employment
    Replies: 11
    Last Post: 10-07-2007, 12:01 PM
  4. Replies: 4
    Last Post: 09-15-2007, 09:03 AM
  5. Replies: 23
    Last Post: 06-06-2006, 06:26 AM

Bookmarks

Posting Permissions

  • You may not post new threads
  • You may not post replies
  • You may not post attachments
  • You may not edit your posts
  •  
 


Find a Lawyer