What to Do if Your Employer Didn’t Report Your Injury

October 5, 2025 | Workers’ Compensation

What to Do if Your Employer Didn't Report Your Injury

If you have been injured in a workplace accident, you may be entitled to receive workers’ compensation benefits. You must report the injury to your employer. Then, your employer will typically be responsible for reporting the accident to their workers’ compensation insurance carrier.

If they fail to report the injury, you may not receive any compensation. Keep reading below to learn what to do if your employer fails to report your injury.

Overview of Pennsylvania Workers’ Compensation System

Pennsylvania workers’ compensation program is designed to help injured workers by providing medical benefits and financial compensation for lost wages. Most employers in the state are required to carry workers’ compensation insurance. In exchange for these benefits, injured workers cannot sue their employer for their injuries in most cases.

In Pennsylvania, injured workers may be entitled to receive:

  • Medical benefits for all necessary medical care
  • Lost wage benefits totaling two-thirds of your average weekly wages
  • Disability benefits, in some cases

To begin these benefits, your employer should report the injury to their workers’ compensation insurance provider.

What Should I Do If My Employer Doesn’t Report My Injury?

Job-related injuries must be reported within certain timeframes. Failure to report an injury within the required timeframe could cause you to lose your ability to receive benefits. If your employer fails to report your injury, you may have to take matters into your own hands.

You are legally allowed to report your own injury in Pennsylvania. To protect your rights, you should:

  • Report the injury to your employer: Pennsylvania’s workers’ compensation law requires that all workplace injuries be reported to your employer no more than 120 days after the injury. However, you should report the injury as soon as possible.
  • File your own claim: If your employer fails or refuses to report your injury, you can file your own claim. Contact the Pennsylvania Bureau of Workers’ Compensation directly to begin your claim. You do not need your employer’s permission to file a claim.
  • Report your employer’s non-compliance: In addition to filing your claim, you should also report your employer for failing to report your claim. They could face penalties or other punishment for not complying with the workers’ compensation laws.
  • Get help from a workers’ compensation lawyer: If your employer is not cooperating, you may face other legal challenges to your claim. You should always seek help from an experienced workers’ compensation lawyer who can help guide you through the process.

Just because your employer does not report your claim does not mean it is not valid. You have a right to report your own claim, and you should always take all necessary steps to protect your legal rights.

Can I Sue My Employer for Not Reporting My Injury?

Generally, no, you may not sue your employer for failing to report your injury. Workers’ compensation is considered an exclusive remedy. This prevents most lawsuits against your employers for workplace injuries.

However, there are some situations that may allow you to sue your employer for an on-the-job injury. If you can prove that your employer intentionally caused you harm, you may have the legal right to bring a personal injury lawsuit against them. Similarly, you may be able to sue your employer if they failed to carry the required workers’ compensation insurance coverage.

Deadlines for Reporting a Workplace Injury

The law sets strict deadlines for filing a claim after a workplace injury. First, your injury must be reported to your employer no more than 120 days after the injury. Next, your claim typically must be filed with the Bureau of Workers’ Compensation no more than three years from the date of your injury. Missing this deadline may completely bar you from bringing a claim for your injuries.

Contact Marzzacco Niven & Associates for a Free Consultation With a Harrisburg Workers’ Compensation Lawyer

Pennsylvania law allows you to file a claim directly, and taking swift action can protect your right to benefits.

At Marzzacco Niven & Associates, our Harrisburg workers’ compensation lawyers have helped countless injured workers secure medical care and wage replacement when their employers failed to act. With decades of experience and a deep understanding of the Pennsylvania workers’ compensation system, we’re here to guide you every step of the way.

Contact us today to schedule a complimentary consultation and discover how we can assist you in asserting your rights and securing the compensation you deserve.

Marzzacco Niven & Associates Harrisburg
945 East Park Drive, Suite 103 Harrisburg, PA 17111
(717) 231-1640

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2550 Kingston Road, Suite 210A York, PA 17401
(717) 995-8998

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833 N. Park Road, Suite 103, Room A Wyomissing, PA 19610
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354 Alexander Springs Road Carlisle, PA 17015
(717) 995-8732

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