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Is Your Employer Refusing to File Your Work Comp Claim?

  • It is more common than you might think for employers to refuse to file workers comp claims on behalf of their employees who have become victims of workplace injuries or illnesses.

    Although employers are required to provide you with workers compensation insurance coverage, they may wish to avoid filing claims correctly because they fear an increase in their workers comp insurance costs.

    Read on to learn more about what you can do if your employer is refusing to file your workers comp claim with the insurance company.


    You Can Pursue Benefits Without Your Employer’s Approval

    Although you are required to report your illness or injury and the fact that you intend to pursue workers compensation benefits to your employer, you don’t need to wait for your employer to file a claim on your behalf.

    You can fill out Form 18 and submit your claim directly to the North Carolina Industrial Commission to begin the process of getting your claim approved—without the permission of your employer.


    Protections from Retaliation

    Many injured or ill employees are concerned with going behind their employers’ back to receive workers compensation benefits because they fear retaliation. Fortunately, North Carolina law will protect you from being fired or otherwise retaliated against for pursuing workers comp.

    Demoting, harassing, suspending, or taking any other kind of adverse action against you when you take your workers compensation benefits into your own hands is expressly forbidden under the law.


    Call Our Firm for Help

    If your employers are dragging their feet in getting you the workers compensation benefits you are entitled to, reach out to a knowledgeable workers comp lawyer at Ricci Law Firm, PA for assistance. You can schedule a free case review by filling out the online contact form on our website or by giving our office a call at 252-752-7785.