Michigan workers’ comp lawyer explains what happens if an employer does not report an accident and how to protect legal rights.
One of the questions we get from our Michigan clients is “what happens if an employer does not report an accident?” Our attorneys have 100+ years of combined experience handling workers’ comp matters. Dealing with bad employers is something we do on a regular basis and we hate seeing people taken advantage of financially. We have seen everything from uninsured employers to fraudulent business activities.
So, what happens if an employer does not report an accident in Michigan? It is a huge problem that we see daily and it can result in permanent forfeiture of workers’ comp benefits. There are many reasons why an employer does not report an accident. Below are some common situations that employees need to know about in order to protect their legal rights.
What happens if an employer doesn’t report an accident and refuses to make a workers’ comp claim?
Unfortunately, if an employer happens to not report an accident in Michigan they may also refuse to submit claims under workers’ comp insurance because they are worried about higher premiums or have misrepresented the nature of their businesses and don’t want to get caught. Some have large deductibles and believe they can get away from paying by obstructing innocent employees.
Most businesses in Michigan are required to purchase workers’ comp insurance. It protects employers and employees hurt on-the-job. Available benefits include medical treatment, lost wages, and vocational rehabilitation.
Employees can short-circuit this obstruction by filing their own Employee’s Report of Claim (Form WC-117) with the Workers’ Disability Compensation Agency. Notice will be sent directly to the employer’s insurance company who will then begin investigating.
Company does not have workers’ comp insurance
If an employer does not report an accident in Michigan it may be because they don’t have workers’ comp insurance. Employers who fail to purchase workers’ comp insurance lose immunity and can also be sued for their negligence. This allows an additional claim for pain and suffering damages.
Michigan law requires that employers pay for medical treatment and lost wages when an employee gets hurt on-the-job. These are guaranteed benefits regardless of whether the employer has workers’ comp insurance or not. Failure to purchase required workers’ comp insurance is a misdemeanor that can result in both civil and criminal penalties.
Wages paid by company are paid under the table
If an employer happens not to report an accident in Michigan, they might think they are protected by how they classify their employees or because they pay wages under the table.
In many instances, businesses misclassify their employees as independent contractors. Individuals are paid with an IRS Form 1099 regardless of their employment status. Some businesses keep employees off the books and just pay cash under the table. Employers cannot escape paying workers’ comp benefits simply because they broke state or federal law. Make sure to report all income to the IRS and keep tax returns as proof. Speak with a lawyer if benefits are not promptly paid.
Paying cash instead of workers’ comp
Watch out for employers who promise to pay medical and/or wage loss benefits instead of making a claim with their insurance company. These promises are rarely kept long and often come with strings attached. Never lie to a doctor about how the accident occurred because this can be used as evidence against a claim should the matter proceed to court. Workers’ comp is a lifetime benefit that should not be jeopardized for a small cash payment.
What should I do if my employer happens to not report my accident and injuries?
In Michigan, if your employer happens not to report your accident and injuries, then you can make the report yourself by filing your own Michigan Employee’s Report of Claim form WC-117 with the Michigan Workers’ Disability Compensation Agency. This starts the process on your claim for Workers’ Compensation benefits.
Once you have filed the form to report your claim, both your employer and their workers’ comp insurance carrier will receive notice that a report has been filed.
Are there legal obligations of employers in reporting workplace injuries?
Employers must report workplace deaths to OSHA and MIOSHA within 8 hours. An injury that requires in-patient hospitalization (i.e., admission for care and treatment), amputation, or loss of an eye must be reported within 24 hours. ER visits for observation and diagnostic testing need not be reported.
Are there consequences for an employer if they happen to report an accident?
In Michigan, if your employer happens to not report an accident in order to avoid paying Workers’ Comp benefits to cover medical bills and lost wages, then the consequences may involve requiring the employer to pay a $50 fine for everyday the benefits are not paid within 30 days of becoming due.
What happens if my workplace injury never gets reported?
If your workplace injury never gets reported by you or by your employer, then you may lose your right to receive Workers’ Compensation benefits. An employee is legally required to (1) provide a notice of injury within 90 days of a workplace accident and (2) file a formal complaint within 2 years of the date of injury.
Why do I need an attorney?
You need one of our experienced workers’ comp attorneys who specializes in this area of the law because we will protect your legal rights and help you get the weekly wage loss benefits and medical care you’re entitled to. We handle all aspects of your case, especially when the insurer tries to dispute your claim.
Injured on the job? Call our attorneys now!
If you were injured on the job in Michigan and your employer happened not to report your accident, call now, or fill out our contact form for a free consultation. There is absolutely no cost or obligation. We’re here for you.
Our attorneys have been exclusively helping injured workers in Michigan for more than 40 years and can help you better understand workman’s comp laws and explain to you in more detail how the workers’ comp settlement process works after a work injury . To see what our own clients have to say about the caring, compassion, and communication they received from us, you can read in their own words about their experience here on our testimonials page from clients we have helped.
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 40 years. Call (844) 316-8033 for a free consultation today.
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