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When Your Employer Refuses To Give You An Accident Report

February 1, 2012 By Paul Giannetti

If you have been injured at work it is imperative that you promptly file a written accident report with your employer.  It is not entirely uncommon for an employer to refuse to provide an accident report to an injured worker.  This can happen anywhere but it is a more common scenario with smaller employers who fear that their Workers’ Compensation premiums will skyrocket should a claim be filed.

If you have been injured at work and verbally report the incident but your employer refuses to give you an incident or accident report to complete, you can always provide your own written report.  You don’t need any specific form but you do need to put in writing your version of what occurred.  You should sign the letter or report and provide it to your employer.  Always keep a copy for yourself.  This way you will be protected against the likely defense that you did not report the injury or that you did not report it in a timely fashion.

The law requires that an accident be reported within 30 days.  Do not let your employer give you the run around or some type of excuse as to why they don’t have an accident report available.

Taking the steps to provide a written statement could mean the difference between having your compensation claim paid or rejected by the insurance carrier.

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