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Employers who won't file injury claims are breaking the law

If your employer is refusing to help you file a claim for workers' compensation, you may feel that you are in a no-win situation. If you keep pressing for the claim, you worry that you could lose your job in the future. If you don't keep pressing for the claim, you'll suffer the financial consequences.

There is a time limit for you to file your claim, known as the statute of limitations. If you go over this time without asserting your right to a claim, you will lose your right to file. Some employers may delay filing your claim in hopes that you will drop your claim or return to work prematurely, which saves them money.

Is it illegal for your employer to prevent you from filing a workers' compensation claim?

Yes, it is. If you're hurt on the job, your employer has an obligation to report the injury with a First Report of Injury claim as soon as possible. Usually, your employer has only a week to do this, but policies might vary.

If your employer fails to file the claim in a timely manner or refuses to file a claim at all, then they are breaking the law. You are able to file a separate claim with the state if you don't receive a copy of the First Report of Injury from your employer in the time they have to submit it. At that point, it is usually best to consult with your attorney on the next steps, especially if you believe your employer does not have workers' compensation coverage.

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Doughty Law Firm, LLC
6650 Rivers Ave
North Charleston, SC 29406

Phone: 843-501-9342
Fax: 843-576-5401
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