Sneaky Things Bosses Do During Workers Comp Claims
If you’ve sustained an injury in the workplace, filing for workers comp is often the best course of action. Even though most states require the majority of businesses to follow certain laws pertaining to workers compensation, some employers may resort to any means necessary to convince you not to file a claim. After all, in 2015, employer costs for workers compensation averaged at around $33.37 per hour worked. Although you may make less from workers comp than from your regular paycheck, it’s in your employer’s best interest to make the potential for a claim disappear. Most employers care about their employees, but not every boss will follow the rules. If you need to file a claim, be sure to hire an experienced workers compensation attorney — and watch out for these sneaky tricks employers might try:
- They may delay or lie about filing your claim
Workers comp claims need to be filed within a fairly short time frame after the accident has occurred. Some bosses may put off filing the claim — and may even lie to you about doing it — until that time period runs out. Be sure to stay on top of the request. You may need to file a separate claim yourself. If you experience problems, contact a workers compensation lawyer or place a call to your local workers’ comp office.
- They may tell you to use your health insurance
A workers comp claim will costs your employer’s insurance rates to rise. Your boss may try to convince you to use your own health insurance, rather than the company’s. In order to do so, you have to claim that your injuries did not occur at work. If you have physical problems doing your job or want to file a claim later on, your boss can use your personal health insurance claim against you — and can then fire you for not being able to perform.
- They may try to spy on you
It may seem far-fetched, but this actually isn’t unheard of. While you’re dealing with a workers comp claim, be very careful about what you do physically, even at home. Your boss could potentially hire someone like a private investigator or coworker to spy on you and document your activities. If they obtain proof you’re able to do physical work at home, this can be used against you in order to deny your claim.
- They may threaten you
In most states, it’s illegal for an employer to retalia Legally, you cannot be fired for filing a claim. However, your boss can fire you if you don’t file a claim and then cannot do your job. If you have been threatened or harassed due to your filing, speak to an attorney immediately.
If you need to file a workers comp claim as a result of a work-related injury, we’re here to help. Contact us today to schedule a consultation.