Injuries within the workplace are not uncommon. In an attempt to help better ensure injured workers receive prompt compensation, lawmakers put together the workers’ compensation system. There are many protocols to follow to help better ensure the system works. One important step involves reporting. The law requires both the employee and employer to report any injuries or illness within a set period of time. In Kentucky, the law generally requires employers to report the injury or disease within three days of receiving notification from the employee.
Ideally, both parties follow these rules — but what happens if the employer fails to meet their obligations? Workers injured while on-the-job expect their employers to follow through. A failure to do so can complicate the workers’ compensation process. Although an issue, there are steps employees can take to mitigate the damage.
What can an injured employee do to better ensure they receive their workers’ comp benefits?
You may not be able to control your employer’s response, but you can control your own. Make sure to take the following steps to help better ensure you receive your benefits:
- Document: Record details of the injury and any subsequent symptoms as soon as possible.
- Medical records: Keep all medical documents and receipts related to the injury treatment.
- Notify the employer in writing: This notification should include the date, time, and circumstances of the injury. This provides a formal record of the incident, which is necessary if further legal action is needed.
- File a petition for benefits: If your employer does not report your injury, you may need to file a claim with the Kentucky Department of Workers’ Claims.
These steps help to form the backbone of a successful workers’ compensation claim, providing clear evidence of the injury and its impact.
Are there consequences for the employer if they fail to report employee injuries?
Employers who fail to report workplace injuries may face penalties, fines, and increased insurance premiums. Moreover, they could be liable for additional damages if their negligence contributed to the employee’s injuries.
If you find yourself in a situation where your employer has failed to report your injury, it is imperative to take immediate action to protect your rights. Document the incident, notify your employer in writing, seek medical attention, and consider filing a claim. Do not hesitate to seek legal advice to navigate this process effectively. By following these steps, you can help to better ensure that you receive the compensation you deserve, while also holding your employer accountable for their obligations.