Employers in the state of Vermont are required to carry workers’ compensation insurance, which provides coverage for injured employees after a workplace accident. Workers’ compensation coverage is a great relief for employees, as it can help pay their medical bills and even make up a portion of their lost income if they sustain an injury or develop an illness in the workplace. However, filing a workers’ compensation claim is not always easy.
Workers may be surprised to learn their employer lied about their injury or never reported the injury to the proper authorities. Whether the dishonesty resulted in a denial of your benefits or you think it can in the future, there are ways to still claim the compensation you deserve.
Form 1: Employee’s Claim & Employer’s First Report of Injury
If you receive Form 1 — Employee’s Claim & Employer’s First Report of Injury — back from your employer’s insurer, and it contains information that is incorrect, there are a few things you can do to correct it. If the information is not significant to your claim, such as if a digit in your phone number is incorrect, simply tell your employer of the mistake. They should then correct the mistake with the insurance company.
If the form contains an error that will have a significant impact on your claim, such as an error with your weekly wages, speak with your employer about the mistake before taking any other action. It could have been an innocent mistake, however, if after speaking with your employer, you believe they intentionally incorrectly described your injury to give them an advantage during the process or to avoid a claim altogether, you should speak to a Rutland workers’ compensation attorney.
When Your Employer Fails to Report an Injury
Employers may fail to report workplace accidents and resulting injuries because they do not want their premiums to increase, or they simply do not want to deal with the headaches these claims can present. However, under state law, employers are required to complete the Employer’s Workers’ Compensation Report as soon as possible.
Employers must report the injury no later than 72 hours after the injury. Even if your employer does not report the injury within 72 hours, you still have the right to claim workers’ compensation benefits. It is important to work with a Rutland workers’ compensation attorney that can advise on how to claim them.
The process usually begins with filling out Form 5 – Employee’s Notice of Injury and Claim for Compensation. When submitting this form, you will also need to provide evidence that shows you were injured at work. An attorney can collect medical records and eyewitness statements to prove your claim.
Our Workers’ Compensation Attorneys in Rutland Can Help if Your Employer Lied During Your Claim
Learning that your employer has lied to workers’ compensation is extremely discouraging. At Larson & Gallivan Law, our Rutland workers’ compensation attorneys have helped many clients obtain the benefits they are entitled to, and we want to put that experience to work for you, too.
Call us today at (802) 327-8458 or fill out our online form to request a consultation with one of our seasoned attorneys.