Why Is My Employer Delaying in Reporting My Injury?

In a Texas non-subscriber case, where an employer has opted out of the state’s workers’ compensation system, there can be several reasons for a delay on the employer’s part in reporting your workplace injury. While employers are required to report workplace injuries to the Texas Department of Insurance, Division of Workers’ Compensation (TDI-DWC) within a specific timeframe, there are circumstances that might cause a delay. Some possible reasons for such delays include:

Lack of Awareness:

Employers may not be immediately aware of all workplace injuries, especially if the injured employee does not promptly report the incident. Sometimes, employees might not report injuries due to fear, hesitation, or misunderstanding, which can lead to a delay in the employer’s knowledge of the injury.

Communication Breakdown:

In larger organizations or those with multiple locations, there may be a breakdown in communication between the injured employee, their immediate supervisor, and higher-level management. This breakdown can result in delays in reporting the injury to the appropriate parties.

Complex Injury Investigation:

In some cases, an employer may need time to conduct a thorough investigation into the circumstances surrounding the injury, especially if there are questions about liability or the cause of the accident.

Medical Confirmation:

Employers may wait to report an injury until they receive medical confirmation of its severity or validity. They may want to ensure that the injury is genuinely work-related before reporting it to the TDI-DWC.

Concerns About Insurance Premiums:

Some employers may be hesitant to report injuries because they are concerned about the potential impact on their workers’ compensation insurance premiums. While Texas non-subscriber employers do not carry workers’ compensation insurance, they might have other types of liability coverage that they want to protect.

Misunderstanding the Reporting Requirements:

Employers may not fully understand their legal obligations regarding reporting workplace injuries, leading to unintentional delays.

Administrative Issues:

Administrative or paperwork issues within the organization can also lead to delays in reporting workplace injuries.

It’s essential to note that Texas law requires employers to report workplace injuries within a specific timeframe to the TDI-DWC, even in non-subscriber cases. Delays in reporting can potentially affect an injured worker’s ability to access benefits and compensation for their medical expenses and lost wages.

If you believe your employer has unreasonably delayed reporting your workplace injury, you may want to consult with an attorney who specializes in Texas non-subscriber cases. They can help you understand your rights, ensure that your employer complies with reporting requirements, and navigate the legal aspects of your situation.