What if my employer files the report of injury late?

What if my employer files the report of injury late?

 

This question has to do with the employer's requirement to file a notice of injury with the state Division of Workers' Compensation. When an employer covered by a workers' compensation insurance policy has an employee with an injury or an occupational disease, there are deadlines to file the paperwork notifying the state and the insurance company. What happens if they miss those deadlines?

 

The answer, not much. The benefits and liability protections under the Worker’s Compensation act do not depend on the compliance of the employer with deadlines.

Also, the employer is not held to the deadline for filing a report of injury unless the employee has lost time from work.

 

However, one effect of the employer being late with its paperwork is that the deadlines for an employee to file his or her claim with the state can be tolled. That is, if the employer is required to file, and does not, the deadline for the employee to file is extended.

 

I believe the rule does specify a maximum amount of the fine per day but offhand I don’t know what it is. My understanding, which is limited since I am on the other side of the docket and do not represent employers, is that the fines are not assessed automatically but only if there is a complaint filed or an audit. Even then the agency seems to be more interested in parties cleaning up their conduct rather than imposing a monetary penalty.