What to Do If Your Employer Won’t Report Your Work Injury in Bloomington

Common Reasons an Employer Won't Report Your Work Injury

A total of 101,400 non-fatal work-related injuries and illnesses occurred in the private sector in 2023. That number may seem big, but not all workplace injuries are reported. Some employers fail to report workplace injuries because of the following reasons:

Fear of Higher Insurance Premiums

Financial concerns push many employers to block workers' compensation claims. Workers' comp coverage is like auto insurance. The premiums increase when you file a claim. Your employer's monthly insurance premiums may increase, especially if there's a trend of injuries and workplace safety issues. Some employers may create policies designed to lower the number of claims and, ultimately, reduce insurance premiums.

Avoiding OSHA Investigations and Penalties

A repeated pattern of severe workplace injuries may raise concerns over violations of OSHA regulations. The safety regulatory body may open an investigation into your company's working conditions. If it discovers substandard safety standards, it may impose fines. Such an outcome dents a company's reputation. That's why some employers don’t like reporting workplace injuries in Illinois.

Employee Misclassification

Employers deliberately misclassify workers to avoid taking responsibility when an employee gets hurt at work. One tactic employers use is classifying workers as independent contractors. In Illinois, independent contractors are generally ineligible for workers' compensation under IWCC. Employee misclassification is illegal, and the injured employee has the right to pursue compensation.

Your Rights When an Employer Refuses to Report a Work Injury in Bloomington

Employees have several rights when an employer refuses to report a work injury.

Right to File a Claim with IWCC

You have the right to file a claim with the IWCC if your employer refuses to report your work injury. This filing involves sending a correctly filled "Application for Adjustment of Claim" to the commission.

Most workers submit their applications as pro se litigants. That means they represent themselves. The legal process can be confusing to someone with no legal background, especially when unforeseen circumstances emerge. It's crucial to hire work injury lawyers to help with the filing. They understand workers' comp laws and the claim process.

Record All the Evidence

You have the right to document everything that may help your claim. That includes communications you had with your employer, such as text messages, emails, or notice documents. You must also obtain and safely keep all medical records/bills, images of the injury, and other information relevant to your case.

Protection Against Workplace Discrimination

The law prohibits employers from infringing a worker's employment rights because the worker has filed a workers' compensation claim. It's illegal for a company to demote, harass, or fire a worker.

Take immediate steps to safeguard your rights soon after suspecting that your employer is retaliating against you for filing a workers’ comp claim. These steps include reporting the retaliation, compiling details and evidence of the retaliation, and seeking legal assistance.

When to Get a Bloomington Workers' Comp Lawyer Involved

Hire a workers' compensation attorney soon after you sustain a work-related injury. Retaining a lawyer early on ensures:

• Swift collection and preservation of strong evidence
• Timely submission of your claim
• Insurance companies don't have control over the claim

Most workers’ compensation attorneys provide free consultations. Speaking to one immediately after getting injured enables you to weigh your legal options and make an informed decision. A lawyer will explain your legal rights, how the amount of workers' compensation is determined, and how to protect your financial interests in the case.

A workers’ compensation lawyer can be a valuable resource in the following situations:

When Your Workers' Comp Is Delayed or Denied

Your claim may be denied even after completing and filing the Application for Claim Adjustment. The IWCC denies workers' comp claims in various situations. For example, your employer may claim you didn't report your injury in time. The employer may also argue that your injury stemmed from a pre-existing condition.

By involving a lawyer, you get the legal support you need to appeal the denial. A lawyer has the legal authority to conduct independent workers' compensation investigations. An in-depth look into the incident may uncover critical facts about the injury. He or she will analyze the evidence to determine whether your company violated laws.

A lawyer can also help hasten your claim resolution timeline. The law entitles injured workers the right to request an expedited hearing. Still, the bureaucracy in government agencies may cause further delays. Your lawyer can review the facts of your case and its progress. The lawyer can then determine if filing a "Petition for an Immediate Hearing" is necessary.

When Experiencing Harassment and Other Workplace Actions

Your employer may threaten, fire, or reduce your hours because you filed a workers' compensation claim. That qualifies as workplace discrimination, and it's unlawful. You have the legal right to file a separate retaliation lawsuit against the employer. Your lawyer will push for additional compensation by establishing a direct connection between filing a workers’ comp claim and adverse actions by your employer.

At Strong Law Offices, we know a workplace injury can impact your physical well-being, mental health, and finances. We are passionate about helping employees recover maximum compensation for their work injuries. We'll carefully review your case and provide aggressive legal representation. Contact us today for a free initial consultation.