Is my employer the one that needs to file a Workers Comp claim for me?
Is my employer required to file a workers compensation claim for me?
The employer certainly SHOULD file a workers comp claim for you, but they are NOT REQUIRED to do so. So although, morally speaking, they should put in a workers comp claim for you and notify the workmans comp insurance of your injury, they do not have to do so. Some employers will file a claim for you, while others may not. Its best to just file a claim form on your end. You can do this by submitting a DWC-41 form with your local Division of Workers Compensation office. A better way is to hire a lawyer to file your claim for you. Its also important to note that you must file this DWC 41 claim form within 1 year from the date of your injury. If you wait after 1 year to file your claim, you may be out of luck at that point.