What Happens if My Employer Does Not Report a Virginia Workplace Injury?

If you are injured in a workplace accident, you initiate the workers’ compensation process by reporting the incident to your employer. Once you do, your employer has a legal obligation to report the matter to the Virginia Workers’ Compensation Commission (VWCC) within ten days. Plus, your employer must notify its workers’ comp insurance company, since companies with three or more employees are required to carry coverage.

However, despite the mandatory duty, some employers will delay in reporting to the VWCC, or may not do so at all. As a result, you may not receive the medical treatment you need or other benefits you are entitled to by law. Fortunately, you have options to address the situation and a Virginia workers’ compensation attorney can help. Some basic information may also be useful.

Why Virginia Employers Avoid Reporting

It is possible that a company could make a mistake or misunderstand the duty to report a workplace injury to the VWCC. When the failure is intentional, there are a few common reasons behind it, such as:

• Your employer has not procured workers’ comp insurance as required by Virginia law;
• The employer is attempting to avoid an increase in insurance premiums;
• Your company does not think your injuries are severe; or,
• Your employer takes the position that your medical condition is not work-related.

There are situations in which your employer and/or workers’ comp insurer has rightful reasons to deny your claim; plus, both are justified in conducting an investigation into your injuries and the accident. Still, the requirement to report the incident to the VWCC within ten days stands. By not filing the necessary documents in a timely manner, your employer could delay your benefits.

What to do When Your Employer Does Not Report

If you know your employer is not reporting or you get the sense that the company is engaging in delay tactics, you can take action to enforce your rights. Your first priority should be consulting with an attorney, but you should also:

• Write down who you notified and how you reported your injury to your employer.
• Make copies of any written accident reports or forms you completed.
• Document the time, date, and relevant details regarding the accident, in addition to what you provided to your employer.
• When seeking medical treatment, make sure your doctor knows that your condition was the result of a work-related accident.
• If your employer-provided you with a written or oral statement about not reporting to the VWCC, document and make copies.
• Exercise your right to file your own report with the VWCC.

Consult with a Virginia Workers’ Compensation Lawyer Right Away

If your employer is trying to undermine your rights after a workplace accident, it is essential to get legal help as soon as possible. There are time restrictions that apply and, even more importantly, you certainly want to start receiving workers’ comp benefits promptly. For more information about your rights, please call Hampton Injury Law PLC to set up a no-cost case evaluation. A Virginia workers’ compensation attorney can advise you after reviewing your circumstances.