Employer Won’t Report My Work Injury in Virginia: What Now?

Your employer cannot stop you from filing a Virginia workers’ compensation claim by refusing to fill out an accident report.

Virginia law requires employers to keep records of workplace injuries and report them under the Virginia Workers’ Compensation Commission’s rules. You do not need your employer’s permission to file your own claim. 

If your supervisor says, “We’re not reporting this,” do not assume that ends your options. Give written notice of your injury, keep proof, and take steps to file your claim with the Commission. 

Is an accident report the same as a workers’ comp claim? 

No. Reporting your injury to your employer and filing a claim with the Commission are separate steps. 

Your employer may have an internal incident form. The employer or its insurer also has responsibilities for reporting injuries to the Commission. Neither replaces the claim you must file to protect your rights. 

Even if HR has your paperwork, an adjuster contacts you, or the insurance company pays a medical bill, you should not assume your claim has been filed with the Commission. 

Does my employer have to report my work injury? 

Virginia requires employers to keep records of employee injuries that occur in the course of employment. The law also generally requires a report to the Commission within 10 days after the injury and the employer’s knowledge of it, following the Commission’s reporting rules. Minor injuries follow the Commission’s prescribed reporting procedures. 

The employer, its representative, or its insurance carrier may submit the report. Your supervisor does not necessarily have to personally complete a particular company form, but refusing that form does not eliminate the applicable reporting duties. 

What should I do if my boss won’t fill out an accident report? 

Put your injury notice in writing 

Do not rely only on a conversation with your supervisor. Give your employer written notice explaining: 

• Your name and address. 

• When and where the accident happened. 

• What happened. 

• What injury you sustained. 

Keep a dated copy and proof that you delivered it. If your employer refuses to provide a company form, do not let that stop you from giving written notice. 

Virginia generally requires notice immediately or as soon as practicable after the accident, and within 30 days. Exceptions and qualifications may apply, including issues involving the employer’s knowledge and whether delayed notice prejudiced the employer. If your notice was late or disputed, get advice promptly. 

Save evidence of the accident and your report 

Keep relevant texts, emails, photographs, witness contact information, medical records, and work restrictions. 

Write down whom you notified, when you notified them, and what they said. If your supervisor refused to document the injury, record that conversation accurately while you remember it. 

Get needed medical attention 

If you need emergency treatment, do not wait for your employer to complete paperwork. Tell the medical provider that the injury happened at work and explain how it occurred. 

For nonemergency treatment, ask about the workers’ compensation process for choosing a treating provider. If your employer will not respond, seek guidance about obtaining treatment through the proper process. 

File your claim with the Commission 

You can file a Claim Form directly with the Virginia Workers’ Compensation Commission without your employer’s permission. Follow the Commission’s current filing instructions and keep proof of your submission. 

Depending on your circumstances, workers’ compensation benefits may include medical treatment and wage replacement. Filing a claim does not guarantee approval, but your employer’s refusal to cooperate should not keep you from taking that step. 

How long do I have to file if my employer never reports the accident? 

For an injury by accident, the general deadline to file a claim with the Commission is two years after the accident. This is separate from the notice you must give your employer. 

An employer’s failure to file the required accident report can pause the claim-filing deadline when the legal requirements are met. Whether that applies depends on the facts, including the notice your employer received and the reporting history. 

Do not assume you have extra time. If your accident happened nearly two years ago—or more than two years ago—have an attorney review your situation promptly. 

What if my employer says the injury is not covered? 

Your employer’s opinion does not finally decide whether you qualify for workers’ compensation benefits. If the employer or insurer denies your claim, you may request a hearing before the Commission. 

You still must prove your claim under Virginia law. An employer’s refusal to report the accident does not automatically establish that your injury is covered. 

Do I need to file if the insurance company already paid my medical bill? 

Yes. Voluntary payment of medical bills or wage benefits does not replace filing your claim with the Commission. 

Do not confuse an insurance claim number with confirmation that you filed a claim with the Commission. Keep copies of your filings and confirmation of submission. 

Get help when your employer won’t report your injury 

You should not have to guess what to do because your employer will not complete an accident report. Call Injured Workers Law Firm at 804-755-7755 for a free consultation about your situation and possible next steps. 

You can also request our free Ultimate Guide to Workers’ Compensation in Virginia to learn more about the claims process.