Are you also thinking, “Can I sue my employer for not reporting my injury?” Normally, when someone gets injured at a place due to other negligence, the injured person can sue for personal injury. However, the situation is different when it comes to employers.
When you’re injured at work, the rules usually focus on workers’ compensation laws, not suing your employer directly. These laws in California are there to help employees get compensation for work-related injuries without having to prove fault.
The issue is sometimes employers don’t even bother to report the injury, leading to no compensation. So, what can you do in this situation? What are the solutions you have? Let’s find out the answers to all these questions!
Can You Sue An Employer For Not Reporting An Injury?
Yes, you can seek legal help if your employer isn’t reporting a work-related injury. However, it’s important to understand that legal help can’t be in the form of a personal injury claim. This is because employers generally can’t be sued for personal injury (except in certain cases).
But that doesn’t mean you have no options. As an employee in California, you have rights, and employers have some responsibilities. One of these responsibilities is to ensure that the injured worker gets compensation, which is only possible if the employer acts responsibly.
If your employer isn’t acting responsibly—such as delaying providing the claim form, not forwarding the claim form, or not having worker’s compensation insurance—you can take legal action.
What Will Happen If Employers Do Not Report Injury?
If an employer does not report an employee’s injury, there are two possibilities: either the employer does not have insurance coverage or is unwilling to provide compensation. In both situations, the employer is acting irresponsibly and incorrectly.
Due to this irresponsibility and failure to provide workers’ compensation, you may have the option to sue them in court to seek the compensation and justice you deserve. Once the case is in court, the judge will decide whether the employer is at fault or not.
