Too often, employers don’t do the right thing. When you’re hurt on the job, they may refuse to report the accident to workers’ comp.
They may make excuses, saying that you don’t qualify for benefits. Other times, they may just refuse to do their job.
If an employer doesn’t report an accident to workers’ comp, you need to know how to respond.
Our Greenville workers’ compensation lawyer explains what to do if your employer won’t report a workplace injury.
What to Do When an Employer Doesn’t Report an Accident to Workers’ Comp
If an employer doesn’t report an accident to workers’ comp, you may report the accident and request your benefits directly through the South Carolina Workers’ Compensation Commission.
Use Form 50 to make your report. You may also contact the employer’s representative directly.
You may ask the Workers’ Compensation Commission for help by calling (803) 737-5700 or by emailing claims@wcc.sc.gov. A workers’ compensation lawyer can represent you.
Help! My Employer Won’t Report an Accident!
If your employer won’t report your workplace accident or injury:
- Don’t ignore it! You have the right to benefits. You must act to force your employer to do the right thing.
- File Form 50 – Employee’s Notice of Claim and/or Request for Hearing. File the form directly with the Workers’ Compensation Commission. Serve a copy to the employer. (See S.C. Code Regs § 67-211 for service requirements).
- Make sure that you have reported your injury to your employer in writing. Report the injury to a supervisor, manager, or to human resources.
- Escalate the issue through your employer, seeking help from management or human resources if your immediate supervisor will not make a report.
- Contact the employer’s insurance carrier or representative if you know who they are.
- Get help from a South Carolina Workers’ Compensation attorney at Bobby Jones Law.
If your employer doesn’t report your workplace injury, two things are important.
First, it’s critical that you report the injury correctly. Create a record by sending an email to your manager or supervisor and the human resources department. If you also spoke to management, or if they were aware of the accident, make notes of when they had knowledge. If you don’t make your report within 90 days, you may lose your benefits.
Second, it’s critical that you file Form 50 with the SC Workers’ Compensation Commission.
Form 50 is your report of the accident and request for benefits. It starts the process for you to receive your benefits even if your employer neglects or refuses to report the injury. You have two years to file Form 50, but you should file it in a timely manner so there’s no delay.
Does an employer have to report a workplace injury in SC?
Employers in SC must report all but minor workplace injuries. A report is required if a workplace injury results in more than one lost workday, results in permanent injury, or when the cost of care exceeds an amount set by the Workers’ Compensation Commission. In addition, the employer has to report a workplace injury in SC whenever they deny medical care, even if the injury is minor.
How long does an employer have to report a workplace injury in SC?
When a workplace injury results in compensable lost time from work, medical attention exceeding set cost limits, or the possibility of a permanent injury, an employer has 10 days to report the injury to the SC Workers’ Compensation Commission.
What are an employer’s duties when someone is hurt at work?
When someone is hurt at work, an employer must:
- Report the injury to the Workers’ Compensation Commission and the employer’s representative (unless the injury is very minor and they pay for medical care).
- Make the report within 10 days of the accident causing injury or knowledge of the incident.
- Use prescribed forms to make the report (electronic submission is allowed).
- Supplement their report if disability extends beyond 60 days and when the disability terminates.
- Pay benefits as required by law (usually paid through an insurance carrier).
- When an injury results in death, hospitalization, amputation, or loss of an eye, the employer must also report to OSHA.
Generally, the employer uses Form 12A to make a first report of injury or illness. The form includes carrier and claim administrator information. It lists the employee’s identifying information and their wage at the time of the injury. It explains the nature of the injury or illness and the activity the person was engaged in when they got hurt. The employer states whether the worker was full-time, part-time, a seasonal worker, or another type of worker.
The exact reporting requirements for an employer depend in part on how serious the injury is and the cost of treatment. S.C. Code Regs § 67-411 creates varying standards for when to make a report and record retention depending on whether treatment costs $500 or less, $500-$2,500, or $2,500 or more. These standards also depend on whether the employee misses work and if there may be permanent injury.
Is filing Form 12A an admission of liability?
No. An employer is not admitting liability for workers’ compensation when they file Form 12A. Either party may request a hearing about benefits.
What Happens When an Employer Fails to Report a Workplace Injury in SC?
If an employer fails to report a workplace injury, they may be subject to a monetary penalty and a penalty for each day the form is late. The SC Workers’ Compensation Commission may assess a penalty each time an employer refuses or neglects to file an accident report.
Get legal help
If your employer doesn’t report your workplace injury, you can take action with the help of a lawyer. Get the benefits that you deserve with the help of a workers’ compensation lawyer from Bobby Jones Law. Robert “Bobby” Jones represents employees in workers’ compensation claims.
For immediate help when your employer isn’t doing enough in the wake of a workplace accident, contact us now.
