What happens when you are hurt on-the-job but do not report the injury to your employer?

What Happens When…

This blog post series is intended to answer common questions in the world of Workers’ Compensation law.  It will be an ongoing series in which the author provides his thoughts and comments to common or reoccurring questions which he has encountered over the years. While he is not giving “legal advice” to his readers, hopefully the comments may be helpful for others who encounter the same or similar issues.

What happens when you are hurt on-the-job but do not report the injury to your employer? 

The short answer is, if you do not report the injury, you will foul up your workers’ compensation claim if you eventually decide to file a workers’ compensation claim. 

There may be any number of reasons you do not want to report a work injury.  Here are some explanations I have heard over the years: 

1. I do not want to get the boss in trouble
2. It was my fault; I do not deserve benefits 
3. The injury is not significant, and it will just go away
4. My boss does not have workers’ compensation insurance

Regardless of the reason, it is not a good idea to forgo reporting a work injury unless there is absolutely no way you will ever want to pursue a workers’ compensation claim. 

Workers’ Compensation law requires workers to report injuries to employers within 30 days. AS 23.30.100 (a). The purpose of this law is to give the employer a chance to learn about the injury so they can evaluate whether they will owe workers’ compensation benefits. After all, if an employee may be asking to be paid money for an injury, it only seems fair for the employer or its insurance company to get the heads up so they can investigate. 

The law says the injury is supposed to be reported within 30 days, but what are the consequences of not reporting? People drive 75 miles an hour in a 60 mile an hour zones regularly and the worst thing that happens is a ticket. What is the big deal if an injury is not reported within 30 days?

It may or may not be a big deal. The law is clear that failure to report an injury is not a “bar” to a claim. So even if you do not report the claim within 30 days, you may still be able to pursue a claim. But the most significant the consequence of failing to report the injury is the injured worker does not benefit from what is called “the presumption of compensability”. Instead, they may have to actually prove the facts necessary to establish the claim is work-related and the employer is obligated to pay benefits.

Typically, Workers’ Compensation law does not require an injured worker to “prove with evidence” that they were hurt on-the-job or that the disability they are claiming is job-related.  The “presumption of compensability” is triggered when the employee links the injury to the work.  The evidence required to establish the “link” is minimal. Once the presumption of compensability is activated, the injured worker is entitled to benefits unless the employer can prove with evidence that work is not the substantial cause of the disability or need for medical treatment.  Placing the burden of proving the claim is not compensable on the employer’s shoulders gives the injured worker a significant advantage in recovering benefits.  But, if the injury is not reported in a timely manner, the burden shifts to the employee to “prove” the injury is work-related and that the injured worker is entitled to compensation.

You can think of it like a criminal case where the state must prove beyond a reasonable doubt that the accused committed the crime. It is presumed that the accused is innocent until proven guilty. A similar concept applies in Workers’ Compensation law; it is presumed that the injury resulted from work. But this presumption is eliminated if the injury is not reported as required by law.

So, the bottom line is that if you fail to report the injury to your employer in 30 days you may have to prove the injury occurred on-the-job and is compensable. This may be difficult, if not impossible. At the very least, you will have to present evidence to support your position and getting the evidence may be expense. The loss of the “presumption of compensability” is a big deal.  It can cause the loss of your workers’ compensation claim.

As a side note, you may not be able to find an attorney who wants to take on your case if the presumption of compensability no longer applies to your claim, because he will have to work harder and the risk that you and he will lose the case in the end increases.

The bottom line is, report all work injuries even if you can think of lots of good reasons not to.