What Should I Do If My Employer Refuses to File an Injury Report?

What Should I Do If My Employer Refuses to File an Injury Report?

From time to time, we receive calls from injured workers who say that after reporting a job injury, their employer refuses to file an Injury Report.

Often the reason given is that a supervisor or manager simply does not believe the worker was injured. While that may be their position, it does not change what the law requires.

Your Employer’s Obligation

Under Alabama law, if an employee reports that they were injured at work, the employer is required to file a First Report of Injury with the Alabama Department of Labor.

This is an important distinction:

It is not enough for an employer to say, “We don’t think you’re hurt.”

If you report that you suffered a work-related injury, the employer is supposed to file the report so the claim can be processed.

Step 1: Make Sure You Clearly Report an Injury

First, make sure you have clearly told your employer that:

• you were injured at work, and
• you are requesting medical treatment

Simply saying that you were involved in an “accident” may not be enough. You must communicate that you believe you were injured.

Step 2: Contact the Alabama Department of Labor

If your employer still refuses to file an Injury Report, you can contact the Alabama Department of Labor directly.

You can reach them at: (334) 956-4044

Once notified, the Department of Labor can contact your employer and require that a First Report of Injury be filed.

Step 3: Consider Whether You Need Legal Advice

If your employer is already:

• refusing to file an injury report, or
• stating that they do not believe you were injured

there is a good chance that issues may arise later in your claim.  We have had several cases through the years in which an employer has refused to file and Injury Report, and a quick call to the Alabama Department of Labor generally takes care of their noncompliance.

Workers’ compensation cases often become more complicated when there is a dispute early in the process. In these situations, it may be helpful to speak with an attorney to understand your rights and options moving forward.

An employer’s refusal to file an Injury Report does not prevent you from pursuing a workers’ compensation claim—but it is a situation that should be addressed promptly.  Taking the proper steps early can help ensure that your claim is handled correctly and that you receive the medical treatment you may be entitled to under Alabama law.

If you have suffered a job injury and you have questions about your rights and benefits under Alabama’s workers compensation laws -don’t hesitate to contact and speak with one of the experienced Alabama Workers Compensation and Social Security Disability attorneys at Powell and Denny today for a free consultation. Appointments are available in person, or virtually via Zoom if more convenient.  Powell and Denny would appreciate the opportunity to help.  And remember, there is no fee unless you win.

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Offices in Huntsville, AL and Birmingham, AL

 

 

Powell and Denny have been selected as one of the Best Law Firms by U.S. News and World Report for each of the last 7 years, have been selected as one of Birmingham’s Top Lawyers by B-Metro Magazine for the last 3 years, have been selected by The National Advocates as one of the Top 20 Workers’ Compensation Firms (plaintiffs) and Powell and Denny, P.C.-has been selected as one of the “Best of the Best” law firms by The American Registry

Mr. Denny is AV rated by Martindale Hubbard (the highest rating possible) and Mr. Powell has been rated as Superior by The National Registry and selected as a Lawyer of Distinction.

+ Powell and Denny have successfully represented injured workers from Birmingham, Huntsville, Florence, Muscle Shoals, Tuscumbia, Athens, Decatur, Town Creek Ardmore, Hartselle, Madison, Toney, Scottsboro, Ft. Payne, New Hope, Guntersville, Albertville, Boaz, Ashville, Anniston, Gadsden, Cullman, Jasper, Gardendale, Morris, Kimberly, Centerpoint, Leeds, Tarrant City, Fairfield, Hueytown, Bessemer, Adger, Tuscaloosa, Cordova, Alabaster, Pelham, Harpersville, Opelika, Phenix City, Montgomery, Clanton, Calera, Enterprise, Monroeville, Mobile, Evergreen, Centreville, Brent, West Blocton, Woodstock, Brierfield, Lakeview and towns and cities in between.

What Should I Do If My Employer Refuses to File an Injury Report