Getting injured at work can be stressful enough on its own. But when an employer refuses to report the injury to workers’ compensation insurance, many employees are left wondering what happens next and whether they still have rights.
The good news is that an employer cannot legally prevent you from pursuing a workers’ compensation claim in Wisconsin. Even if your employer ignores your injury, delays reporting it, or discourages you from filing a claim, you may still be entitled to medical treatment and benefits.
Here’s what you should know if your employer refuses to report your workplace injury.
Are Employers Required To Report Workplace Injuries?
In Wisconsin, employers generally have obligations when an employee reports a work-related injury. Depending on the circumstances, employers may be required to notify their workers’ compensation insurance carrier and maintain records related to workplace injuries.
However, some employers try to avoid reporting injuries because they are concerned about insurance costs, lost productivity, or liability concerns. Others may incorrectly claim that the injury did not happen at work.
Even if your employer refuses to cooperate, you still have legal rights under Wisconsin workers’ compensation laws.
Common Reasons Employers Refuse To Report Injuries
Some common reasons employers refuse to report workplace injuries include:
- Claiming the injury is not serious
- Saying the accident happened outside of work
- Accusing the worker of causing the injury
- Trying to avoid increased insurance premiums
- Pressuring employees not to file claims
- Misclassifying workers as independent contractors
In some cases, employers may simply delay reporting the injury rather than outright refusing to report it.
What You Should Do Immediately After a Work Injury
If your employer refuses to report your injury, taking the right steps early can help protect your workers’ compensation claim.
1. Report the Injury in Writing
Notify your employer about the injury as soon as possible and keep records of all communication. Email or text messages can help create documentation showing that you reported the injury.
Include:
- The date and time of the injury
- Where the accident happened
- How the injury occurred
- Any symptoms or pain you experienced
2. Seek Medical Treatment
Your health should come first. Prompt medical treatment also creates important records connecting your injury to the workplace accident.
Be honest with medical providers about how the injury happened and describe all symptoms clearly.
3. Document Everything
Keep copies of:
- Medical records
- Accident reports
- Witness information
- Photos of injuries or unsafe conditions
- Communication with your employer
Detailed documentation can become extremely important if your employer disputes the claim later.
4. Contact the Workers’ Compensation Insurance Carrier
If you know the name of your employer’s workers’ compensation insurance company, you may be able to contact the carrier directly to begin the claim process.
You can also learn more about Wisconsin workers’ compensation procedures through the Wisconsin Department of Workforce Development Workers’ Compensation Division.
Can an Employer Fire You for Reporting a Work Injury?
Wisconsin law generally prohibits retaliation against employees for pursuing workers’ compensation benefits. Employers should not threaten, intimidate, or punish workers simply for reporting workplace injuries.
Unfortunately, retaliation concerns often discourage injured employees from speaking up. If you believe your employer is retaliating against you after a workplace injury, it may be important to speak with an attorney about your rights.
What Benefits Could You Receive?
Depending on your situation, workers’ compensation benefits may include:
- Medical treatment expenses
- Temporary disability benefits
- Permanent disability benefits
- Vocational rehabilitation benefits
- Compensation for lost wages
The specific benefits available depend on the nature and severity of the injury.
Why Legal Representation Can Help
When an employer refuses to report a work injury, disputes often become more complicated. Insurance companies and employers may question how the injury happened or whether it is work-related at all.
An experienced workers’ compensation attorney can help:
- Gather evidence supporting your claim
- Communicate with insurance companies
- Ensure deadlines are met
- Protect you from unfair tactics
- Pursue the full benefits available under Wisconsin law
Contact Bykhovsky Law
If your employer refuses to report your workplace injury, you do not have to handle the situation alone. Understanding your rights early can make a significant difference in protecting your claim and your recovery.
Our team at Bykhovsky Law helps injured workers throughout Wisconsin pursue the benefits they deserve after workplace accidents.
Contact us today for a FREE Consultation to discuss your options.
