Can a company refuse to cover an injury that took place at work but wasn't immediately reported? 17 Answers as of October 18, 2013

My dad was working as usual, when one of the woods that he was working with fell on his foot. He was bleeding, there was only one witness he didn't really saw what happened only the blood that was everywhere. My dad is Hispanic and knows very little English, and the man working with him is an American for that reason he couldn't explain to him what happened. My dad went to the company nurse to get his injury treated. Because of the injury he has to wear a special shoes but the company doesn't allow him to work with those shoes on so he hasn't been to work for two weeks now. The company does not want to pay for his injury expenses and refuses to give him workers compensation because he didn't report the accident immediately, or has a witness who saw what happened, in our case they're saying he never got injured there.

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Paul Whitfield and Associates P.A.
Paul Whitfield and Associates P.A. | Paul L. Whitfield
Call the NC Industrial Commission in Raleigh or go to their website and ask for a Form 18 and report this matter directly to them send copies of whatever you do to the employer.
Answer Applies to: North Carolina
Replied: 10/18/2013
Lombardi Law Firm
Lombardi Law Firm | Steve Lombardi
Well there is no rule of law requiring "immediate" reporting of an injury, at least not in Iowa. If this is Iowa they are playing games.
Answer Applies to: Iowa
Replied: 10/17/2013
Law Ofices of Edwin K. Niles | Edwin K. Niles
Don't know why the company would refuse; that?s why they have insurance. (Or maybe they don't have it?) Try to get the name of the insurance, or see a workers comp attorney.
Answer Applies to: California
Replied: 10/17/2013
David F. Stoddard
David F. Stoddard | David F. Stoddard
They do have a legal right to dispute any claim. His failure to report it is not a defense. However, they can argue that he really did not get hurt at work because e didn't report it. He should go get a workers compensation lawyer. most will work on a contingency fee.
Answer Applies to: South Carolina
Replied: 10/17/2013
Pete Leehey Law Firm, P.C.
Pete Leehey Law Firm, P.C. | Pete Leehey
The fact that a work injury is not reported immediately does not mean the worker cannot recover workers compensation benefits. The legal requirement is that the injury be reported specifically as a work injury within 90 days of the date of injury. Based upon what you have written, your father should be paid workers compensation benefits.
Answer Applies to: Iowa
Replied: 10/17/2013
    Victor Varga | Victor Varga
    Based upon those facts, yes, but he can still apply for it. He will probably have to go to a hearing to prove his case.
    Answer Applies to: Maryland
    Replied: 10/17/2013
    LAW OFFICES OF ARMAN MOHEBAN | ARMAN MOHEBAN
    You need to file a claim for worker's compensation benefits that cover temporary disability benefits , ongoing medical treatment and a settlement for permanent disability and future medical care.
    Answer Applies to: California
    Replied: 10/17/2013
    Musilli Brennan Associates PLLC
    Musilli Brennan Associates PLLC | John F Brennan
    If your rendition of the facts is correct then he has an worker's comp claim. If, as reported, he went to the company nurse contemporaneously with the incident it would appear there should be sufficient evidence to open a claim and have his expenses and work loss paid.
    Answer Applies to: Michigan
    Replied: 10/17/2013
    Padove Law | Burton A. Padove
    Hire a local workers compensation lawyer. Most work on a no recovery no fee basis.
    Answer Applies to: Indiana
    Replied: 10/17/2013
    Law Offices of Ronald A. Steinberg & Associates | Ronald A. Steinberg, BA, MA, JD
    Get a workers compensation lawyer. If your dad got hurt on the job, and if he is an employee he is entitled to comp.
    Answer Applies to: Michigan
    Replied: 10/17/2013
    James E. Hasser, Jr. P.C.
    James E. Hasser, Jr. P.C. | Jim Hasser
    Yes they can deny the claim, but that doesn't mean he doesn't have one. Call the Alabama Dept. of Labor and if that doesn't work, get a comp lawyer.
    Answer Applies to: Alabama
    Replied: 10/17/2013
    Adler Law Group, LLC
    Adler Law Group, LLC | Lawrence Adler
    To have this handled properly you will need an attorney. If the accident didn't happened at work they don't have to pay. It will be an issue of fact that will have to be argued and proven before the commissioner.
    Answer Applies to: Connecticut
    Replied: 10/17/2013
    The Law Office of Stephen R. Chesley, LLC
    The Law Office of Stephen R. Chesley, LLC | Stephen R. Chesley
    You should contact a worker's compensation attorney to pursue your father's rights under worker's compensation.
    Answer Applies to: New York
    Replied: 10/17/2013
    Lewis B. Kaplan | Lewis B. Kaplan
    In Illinois a worker's compensation injury must be reported within 45 days of the accident except injury from radio logical exposure . 90 days for that . Having said that the sooner the injury is reported the better . The longer the time period before the report the more likely the employer will be to think that no injury actually happened and that you are fabricating a false claim.
    Answer Applies to: Illinois
    Replied: 10/17/2013
    Durham Jones & Pinegar | Erven Nelson
    Your father should file a workers compensation claim immediately. He may have missed some deadlines, but it still is probably possible. Call a good workers compensation lawyer because the rules are very particular and tricky. Let me know if you need some referrals.
    Answer Applies to: Nevada
    Replied: 10/17/2013
    Andrew T. Velonis, P.C.
    Andrew T. Velonis, P.C. | Andrew Velonis
    No, they cannot refuse. He is entitled to worker's comp as a matter of law. If he has not already done so, he should submit a claim for worker's compensation benefits. The company can contest the claim, but they have to allow him to make the claim in the first place. Then, the Worker's Compensation Board can hold a hearing and decide who's right. Your father will need a lawyer, since the company is being so resistant.
    Answer Applies to: New York
    Replied: 10/17/2013
    Chen Kasher, Esq.
    Chen Kasher, Esq. | Chen Kasher
    There are notice requirements, but it appears your dad may have complied with them. What you need to do is retain a good attorney to contest the charges with your dad's employer. It sounds like they may be giving him the run-around because he appears vulnerable.
    Answer Applies to: Illinois
    Replied: 10/17/2013
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