Pennsylvania workers face a tough situation when an employer won’t report a workplace injury. This refusal doesn’t end your rights to workers’ compensation, but it does complicate the process. Here’s what you need to know.
Know your employer’s reporting duty
Under the Pennsylvania Workers’ Compensation Act, employers must report injuries to the Bureau of Workers’ Compensation. They must file a First Report of Injury (FROI) within 48 hours of a fatality, or within seven days if an injury causes disability lasting more than one day or shift.
Some employers fail to report due to concerns over rising insurance premiums or skepticism about the incident. This misconduct creates immediate obstacles for injured workers needing medical coverage and wage replacement.
File the claim yourself
An employer’s refusal doesn’t block you from filing a workers’ compensation claim yourself. You can report the injury directly to the Pennsylvania Bureau of Workers’ Compensation. You should also notify your employer in writing and keep a copy for your records. This written notice creates a paper trail that proves you followed the rules even if your employer didn’t.
Document everything right away
Strong documentation strengthens your case significantly. Write down the date, time and location of the injury. Take photos of the scene if you can. Get contact information from any coworkers who saw what happened. Visit a doctor as soon as possible and describe exactly how the injury occurred. These records become crucial evidence if your employer disputes your claim later.
Watch for retaliation
Navigating a contested claim requires experienced guidance. A workers’ compensation attorney can file the necessary petitions and protect your rights. Most work on a contingency fee basis with free initial consultations, allowing you to secure representation without upfront expenses.
Get legal help early
An experienced workers’ compensation attorney can push your claim forward even without employer cooperation. Many attorneys offer free consultations and work on contingency, so you pay nothing upfront. Don’t let your employer’s refusal stop you from getting the medical care and wage benefits you deserve.