Michigan workers’ comp lawyer discusses what happens when the Employer’s Basic Report of Injury is not completed.
Michigan workers’ comp law protects employees hurt on-the-job. It is a safety net that covers medical bills and lost wages. But what happens when an employer refuses to accept the workers’ comp claim? Here is some information about the Employer’s Basic Report of Injury (Form WC-100) and some issues to watch.
A major problem that we encounter are employers who refuse to accept workers’ comp claims. The reason is usually fear of increased premiums or required payment of a large deductible. Our experience shows that when an employer refuses to file a workers’ comp claim it is because they don’t have insurance or misrepresented the nature of their business and don’t want to get caught.
Employers who don’t have workers’ comp insurance or mispresent their business could get into big trouble. It is a criminal misdemeanor not to have required workers’ comp insurance and there are civil fines. Employers who commit premium fraud might end up having to pay for a workers’ comp claim out-of-pocket.
Fighting with an employer over a workers’ comp claim rarely works so we recommend that a person contact an attorney to find out about their legal rights. Don’t count on promises to make payments under the table as they are rarely kept. If the employer doesn’t complete the Employer’s Basic Report of Injury and/or refuses to file a claim, an employee can take matters into his or her own hands by contacting the Workers’ Disability Compensation Agency directly.
The above situations are tragic because injured employees are suffering without medical care or lost wages. Even when a claim is eventually filed, it can take weeks of investigation to start payment of workers’ comp benefits.
All employers must report to the Workers’ Disability Compensation Agency any injury that results in disability beyond seven days, causes death, or is considered a specific loss. The Employer’s Basic Report of Injury is one of the first items that must be completed and is very important to any claim. It is used as a reference point for magistrates when a claim is disputed.
The Employer’s Basic Report of Injury should have information about the employee such as name, address, telephone number, social security number, date of workplace accident, and number of dependents. It should also have information about the employer/carrier. Injury/medical data will provide information about what happened and provide a basic diagnosis. Finally, information regarding occupation and wage data should also be included so that wage loss benefits can be calculated.
Michigan Workers Comp Lawyers never charges a fee to evaluate a potential case. Our law firm has represented injured and disabled workers exclusively for more than 35 years. Call (844) 316-8033 for a free consultation today.