My Employer Won't Report My Work Car Accident - What Should I Do?

You were in a car accident while working. You reported it to your boss. But now they're refusing to file a workers' compensation claim, telling you to "just use your health insurance" or saying "it wasn't that serious."

This is more common than you'd think - and it's a serious problem. Here's what you need to know about your rights and what you can do about it.

Why Employers Sometimes Refuse to Report Work Accidents

Before we get into your options, it helps to understand why this happens:

• Insurance premiums: More claims = higher workers' comp insurance costs for the employer
• Experience modification rate: Too many claims can increase their "mod rate" for years
• OSHA recordkeeping: They may want to avoid logging injuries that trigger reporting requirements
• Ignorance: Some small employers genuinely don't understand workers' comp law
• Hoping you'll go away: They may be betting you won't push back

You Have the Right to File Your Own Claim

Here's the good news: You don't need your employer's permission or cooperation to file a workers' compensation claim in Pennsylvania.

While employers are supposed to report injuries within 21 days of learning about them, you can file your own claim directly with the Pennsylvania Bureau of Workers' Compensation if your employer won't do it.

How to File Your Own Workers' Comp Claim

1. Document everything: Write down exactly what happened, when, where, and who witnessed it
2. Get medical treatment: See a doctor and make sure they know the injury happened at work
3. File a Claim Petition: You can file directly with the PA Bureau of Workers' Compensation
4. Keep copies: Save all paperwork, texts, emails about the accident
5. Call us: A workers' comp attorney can file for you and deal with the resistant employer

What If They Threaten to Fire You?

Some workers are afraid to push back because they fear retaliation. Here's what you need to know:

• Retaliation is illegal: Pennsylvania law prohibits employers from firing or punishing employees for filing workers' comp claims
• You may have additional legal claims: If they do retaliate, you may be able to sue for wrongful termination
• Document everything: If your employer makes threats, write them down with dates and witnesses

Don't Forget: You May Have TWO Claims

If another driver caused your work car accident, you likely have:

1. A workers' compensation claim against your employer's insurance (for medical bills, lost wages)
2. A third-party personal injury claim against the at-fault driver (for pain and suffering, additional damages)

This is where having the right legal team matters. We handle the workers' comp claim and coordinate with our Personal Injury colleagues on the third-party case to maximize your total recovery.

What We Can Do For You

When you call us, we can:

• File your workers' compensation claim petition directly
• Deal with your employer and their insurance company
• Make sure you get proper medical treatment
• Coordinate with Personal Injury colleagues if you have a third-party claim
• Protect you from retaliation
• Get you the benefits you're entitled to

There's no fee unless we win your case. The consultation is free. And we've been doing this for 27 years.

Common Questions

Can my employer really just refuse to report my accident?

They can try, but they can't stop you from filing your own claim. And if they're willfully violating the law, they could face penalties.

What if my employer doesn't have workers' comp insurance?

Pennsylvania requires nearly all employers to carry workers' comp. If they don't, you can file a claim with the Uninsured Employers Guaranty Fund - and your employer could face criminal charges.

Should I use my health insurance instead?

No. If your injury happened at work, workers' comp should pay - not your personal health insurance. Using health insurance could create complications and cost you money out of pocket.

How long do I have to file?

You have 3 years from the date of injury to file a claim petition in Pennsylvania. But report to your employer within 120 days if possible, and file the claim as soon as you can.

Bottom line: Your employer doesn't get to decide whether your work injury "counts." That's what workers' compensation law is for. If they won't do the right thing, we will.

Call (215) 206-9068 - Free Consultation