My employer is self insured and has not provided me with medical care for a work related injury. I reported the injury immediately when I received the proper diagnosis. I submitted information via email to my employer and called and left a message. My supervisor never filled out the injury report within 24 hours.
The workers compensation coordinator refuses to start a claim until the injury report has been submitted. She told me she would contact my supervisor, however my supervisor stated in an email that he had not been notified of my injury.
Who holds self insured employers accountable? Is my only choice to pursue legal action? What are my rights? Thank you for any information you can provide.
Disclaimer: Our response is not formal legal advice and does not create an attorney-client relationship. It is generic legal information based on the very limited information provided. Do not rely upon the information in our response, or anywhere else on this site, when deciding the proper course of a legal matter. Always get a personalized case review from a local attorney.
As an injured worker you were right in immediately reporting your work-related injury to your employer. Employer notification, preferably in writing, is required by law within fifteen (15) calendar days of the date of injury or when a doctor first tells the worker his or her injury is work related.
Employers covered by the Tennessee Workers’ Compensation Act must submit all known or reported injuries or illnesses to their insurer on Tennessee Employer’s First Report of Work Injury or Illness (Form C-20) within one (1) working day of knowledge of the injury or illness. This is the case regardless of whether the employer is self insured or is covered by a workers compensation insurance company.
If you haven’t already, submit notification in writing. If your employer continues to deny notification, you can call and speak to an Ombudsman at 800-332-2667. An Ombudsman will provide assistance, answer your questions and help to resolve any disputes you have with your claim.
You may also file Request for Investigation. In so doing, the Workers Compensation Board will initiate an investigation of your employer and his activities related to your work injury.
Learn more here: Suing an Employer
The above is general information. Laws change frequently, and across jurisdictions. You should get a personalized case evaluation from a licensed attorney. Find a local attorney to give you a free case review here , or call (888) 647-2490.
Best of luck with your claim.
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