After a workplace injury, you expect your employer to file a workers’ compensation claim promptly so you can receive medical treatment and wage replacement benefits. Unfortunately, some employers fail to meet their legal obligations, leaving injured workers confused, stressed, and unsure of how to proceed.
If your employer refuses to file a workers’ compensation claim, you still have options under Michigan law. At Bruce L. Weider, PC Law Firm, we help injured workers protect their rights, file claims directly with the state, and take legal action when employers act in bad faith.
Why Would an Employer Refuse to File a Workers’ Comp Claim?
Employers in Michigan are required to report workplace injuries to their workers’ compensation insurance carrier or administrator. However, there are several reasons an employer might try to avoid filing a claim, including:
- Fear that their insurance premiums will increase
- Desire to keep their safety record clean
- Belief that the injury is not serious or work-related
- Lack of understanding of their reporting obligations
- Attempts to pressure the employee into using personal insurance instead
Regardless of the reason, refusing to file a claim is a violation of Michigan workers’ compensation law. Employers cannot legally ignore or delay the reporting process when an employee is injured on the job.
What Are Your Rights Under Michigan Workers’ Compensation Law?
When you’re hurt on the job in Michigan, workers’ compensation law ensures that employees get medical care and wage benefits, and that employers follow clear rules when handling workplace injuries. Knowing these rights helps you recognize when your employer isn’t meeting their legal obligations and what steps you can take to protect yourself.
Employer Obligations After a Workplace Injury
Under Michigan law, employers are required to:
- Provide immediate medical attention for injured employees
- Report any work-related injury to their workers’ compensation insurance carrier within the required timeframe
- File an official report of injury (Form 100) with the Michigan Workers’ Disability Compensation Agency if the injury results in seven or more days of lost work
Failing to take these steps can expose an employer to penalties and potential legal consequences. That is why it’s always important to document when any obligations to you are not being met.
Employee Rights When a Claim Isn’t Filed
As an injured worker, you have the right to:
- Receive medical treatment for your work-related injury
- Report your injury directly to the Michigan Workers’ Disability Compensation Agency if your employer refuses to do so
- File your own claim for benefits within two years of the injury date
- Seek legal assistance if your employer delays or refuses to cooperate
If your employer will not file your claim, you do not have to wait for them to act. You can start the process with help from an experienced workers’ compensation attorney.
Steps to Take If Your Employer Refuses to File Your Claim
If you find yourself in this situation, take the following steps as soon as possible:
- Document Your Injury and Report It in Writing: Notify your supervisor in writing about your injury, the date it occurred, and how it happened. Keep copies of any communications or forms you submit.
- Seek Medical Treatment Immediately: Visit a healthcare provider for treatment. Inform the provider that your injury occurred at work so it is properly documented in your medical records.
- File a Claim with the Michigan Workers’ Disability Compensation Agency: If your employer still refuses to report your injury, you can file a claim directly with your attorney by completing Form WC-104A (Employee’s Report of Claim).
- Contact a Workers’ Compensation Attorney: A lawyer will help you file your claim correctly, communicate with the insurance company, and ensure your employer’s noncompliance is addressed.
- Keep Detailed Records: Save copies of medical bills, doctor’s notes, witness statements, and correspondence with your employer. These records can be vital evidence if your claim is disputed later.
How a Workers’ Comp Attorney Can Help Protect Your Rights
When an employer refuses to cooperate, navigating the workers’ compensation system can be overwhelming. A skilled attorney can help by:
- Filing your claim directly with the Workers’ Disability Compensation Agency
- Gathering evidence that supports your case
- Communicating with your employer’s insurance carrier on your behalf
- Pursuing penalties against employers who violate the law
- Representing you during hearings or appeals if your claim is denied
Your lawyer can also explain why your employer’s failure to file your claim may work in your favor and help you understand common reasons workers’ compensation claims get denied.
Warning Signs of Employer Retaliation or Bad Faith
Workplace injuries are stressful enough without having to worry about how your employer will react. Unfortunately, some employees face unfair treatment or intimidation after reporting an injury. Recognizing the warning signs of retaliation can help you take action early and protect your rights under Michigan law.
Common Forms of Retaliation
Unfortunately, some employers retaliate against employees who file or attempt to file a workers’ compensation claim. Retaliation may include:
- Reducing hours or pay after an injury
- Threatening termination or discipline
- Assigning undesirable shifts or duties
- Creating a hostile work environment
- Terminating employment shortly after the claim is made
You are worthy of getting the help you deserve, no matter what your employer says or does. Just because you are trying to claim the worker’s compensation you have earned, doesn’t mean you deserve to be ostrichized and abused in your workplace.
What to Do if You’re Facing Retaliation
If you suspect retaliation, document each incident and contact a Michigan workers’ compensation attorney immediately. Retaliating against an injured worker for filing a claim is illegal under Michigan law. A worker’s compensation lawyer can help you take legal action to stop the behavior and recover lost wages or other damages.
When to Contact a Michigan Workers’ Compensation Lawyer
You should contact an attorney as soon as you realize your employer is unwilling to file your claim or is delaying the process. The earlier you involve legal counsel, the more effectively your rights can be protected.
An attorney can also help if:
- Your employer denies the injury occurred at work
- Your benefits have been delayed or reduced
- You received a notice that your claim was denied
- You believe your employer is retaliating against you
A good worker’s compensation attorney will review your case, explain what your employer is doing wrong, and help you if your claim has been denied. Through your hard work, you have earned the compensation you need after a workplace injury. No employer has the right to keep that from you. Contact a skilled worker’s compensation lawyer today for help.
Injured at Work and Your Employer Refuses to File Your Claim? Contact Bruce L. Weider, PC Law Firm Today
If your employer refuses to file your workers’ compensation claim, do not give up. You have rights under Michigan law, and you can take action to protect them. At Bruce L. Weider, PC Law Firm, we have decades of experience helping injured workers file claims, appeal denials, and hold employers accountable.
We will review your situation, explain your options, and help you pursue the benefits you deserve. Contact us today at (734) 485-0535 to schedule a free, confidential consultation.
