**Video Summary
**
Legal experienced lawyer from the Speaks Law Firm explain the rare but problematic scenarios where an employer avoids reporting a workplace injury. This typically occurs when a company ignores a reported incident or attempts to illegally bribe an employee with cash to prevent a formal filing. Such actions are often motivated by an employer’s desire to avoid rising insurance premiums or policy cancellations. The transcript emphasizes that workers have a legal right to benefits if their medical costs exceed $400 or if they miss more than one day of work. If an employee faces resistance or stonewalling, the source recommends contacting human resources directly or seeking legal representation to engage the insurance carrier. Ultimately, the experienced highlight that private settlements cannot replace the official protections provided by worker’s compensation insurance.
FAQs
What triggers a workers’ compensation claim in North Carolina?
A workers’ compensation claim is triggered when a workplace injury results in more than one day of missed work or when medical expenses paid by the carrier reach $400 or more. Once these thresholds are met, the employer is required to file a Form 19 with the Industrial Commission to report the injury.
What should I do if my employer ignores my injury report?
If an employer ignores a report of injury, you should contact the Human Resources department to request the name of their workers’ compensation insurance carrier directly. If the employer continues to withhold this information, an attorney can help identify the carrier and contact them to start the claim process.
Can my employer pay me cash to avoid filing a workers’ comp claim?
No, an employer cannot legally pay off an employee to prevent them from filing a workers’ compensation claim. While some employers may offer cash to avoid insurance premium hikes, workers still have the legal right to file an official claim through the proper channels even if they have already received money from the employer.
What is the difference between Form 19 and Form 18?
Form 19 is the document an employer files with the Industrial Commission to report a workplace injury, while Form 18 is the document the injured worker or their attorney files to officially initiate their claim. It is important for the injured worker to ensure Form 18 is filed, especially if the employer is being uncooperative.
Why would an employer refuse to report a workplace injury?
Employers sometimes refuse to report injuries to avoid increases in their insurance premiums or to prevent their insurance policy from being canceled. Because these financial incentives exist for the employer, it is beneficial for the injured worker to have an advocate who can ensure their rights are protected and that the insurance carrier is notified.
Getting hurt on the job is stressful enough, but what if your employer refuses to file your workers’ comp claim?
Today we’re talking about what really happens when an employer ignores an injury report or tries to pay you off under the table. Brian breaks down the official triggers for a claim, like $400 in medical expenses or more than one missed day of work, and why insurance carriers can’t act if they never hear about your injury.
From HR stonewalling to outright payoffs, Clarke and Brian explain your rights, the proper forms to file, and why having an attorney step in early ensures you don’t get taken advantage of.
Here’s what we discuss in this episode:
📝 Claim triggers – $400+ in medical bills or more than one missed workday requires a claim.
🚫 Employer silence – If they don’t tell the carrier, your benefits never start.
💵 Illegal payoffs – Employers cannot legally offer money to avoid filing a claim.
📞 Go to HR – Ask for the workers’ comp carrier info directly.
Featured Keyword & Other Tags
Workers comp, insurance, settlement, resignation, payout
Client Links
Learn more about how Speaks Law Firm can help you: https://www.speakslaw.com/
Schedule your FREE case review: https://www.speakslaw.com/our-attorney/r-clarke-speaks/#contactFormTarget
Find us on YouTube: https://bit.ly/3R40YMP
Transcript (Click To Read)
Why Employers Refuse to File a Workers’ Comp Claim
Clarke: I’m, um, Clark Speaks, the catastrophic injury lawyer. Welcome to the Verdict. Welcome back to the Verdict. I’m Clark Speaks. I’m here with Brian Grosser. Brian, are there circumstances under which an employer refuses to file a workers compensation claim for an injured worker?
Brian Groesser: Yeah, it doesn’t happen a lot. Um, but it does happen. And so I’ll talk about two instances in particular. One where they just don’t do anything, right? They just kind of ignore it. You report the injury. Uh, they say, okay, like, fill out this report and then they don’t tell you anything. Right. In those circumstances, if you’re, if you are missing, there’s a trigger for a workers compensation claim in the first place. If the insurance carrier has paid more than it’s $400 or more in medical benefits or you’ve missed more than one day of work, that requires them to file what’s called a Form 19 and then to give you a Form 18. All right? So they file the Form 19 with the Industrial Commission. You can file the Form 18, or you just give it to your attorney and they can file the Form 18. Um, that’s what triggers it. But inherently, what I mentioned is the insurance carrier paying $400 worth of medicals. Well, if the insurance carrier doesn’t know about your claim, they can’t pay 400 bucks. And so this is a situation where the employer just doesn’t do anything. Right. This is where the onus is on you that if you feel like the employer’s doing nothing that you need to ask hr. Hey, who is your workers comp carrier? I need treatment like I need something. Uh, or if you still get stonewalled by hr, give us a call. Right? We will call hr. We will set up something with the insurance care because we know who their carriers are. We can figure that out and get the ball rolling. But if you’re being stonewalled by the employer, go through HR and see if you can contact the insurance carrier directly to get a claim set up. And if they still are ignoring you, reach out to us as the attorney second fold. And this is an absolute no. No. But some employers will try to do this. Not many, but some, they cannot pay you off. All right? So they can’t say, hey, Joe, why don’t I just pay you five grand and we can let this go away. Because there’s an incentive sometimes with these employers to not file a claim. It’s going to impact their premiums. Or maybe they’re going to have to get a new carrier because they’ll get their coverage canceled after the end of their policy or what have you. And so they try and just make it go away, like, hey, he’s 5,000 dol. You can use that to go to urgent care and, you know, maybe take a couple weeks off of work, and that way just don’t file a claim. Here’s five grand. They can’t pay you off to not file a claim. All right? So even if they paid you $5,000, you can still go and file a, uh, claim, but that don’t buy into that. If they try and pay you off in order to not file a claim, that is it is your right to file a claim. That’s the reason why they have insurance coverage in the first place, is for these reasons. So if you get hurt at work and you feel like they’re ignoring you or they’re trying to buy you off, contact us. If you’re not getting anywhere with the employer, again, it’s best to have that advocate working with you from the outset. And this is a rare situation. It doesn’t usually happen, but if it does, it really is probably a good opportunity to get somebody on your side right from the outset and help you out and get at least your claim started.
Clarke: Okay, that’s good information. Thank you, Brian. Uh, in the next episode, I want to ask you about what happens if your employer does not have workers compensation insurance. Okay, so we’ll see you next time. Thank you. Thanks for joining us. Don’t forget to subscribe and follow us to stay up to date with our weekly episodes. We’ll see you next time.
