Don’t Be Afraid to File a Workers’ Comp Claim!

We are often approached by injured people who are too afraid to file a workers’ comp claim. People will call our law firm and ask questions about filling a claim after being injured on the job, and they will probe and try to find out if they are going to get into any trouble for filling.

Some even think they will lose their jobs when they file the claim. They will often even hang up, too scared to continue with their case. We understand the fear of filling a workers’ comp claim. There’s a panic that sets in because you believe.

You Are Not Suing Your Employer; You Are Filing a Third-Party Insurance Claim!

Dangerous accident in warehouse during work - wounded worker

Keep that in mind! All companies that have employees, every single company in the U.S. that employs people, must have workers’ compensation insurance. It is required by law.

When you file a worker’s compensation claim, you are not filing it against your employer, you are filing it with a third-party insurance company. So, if you are afraid to file a workers’ comp claim

These claims will not directly affect your employer, but there is a chance that their insurance premiums are increased, and they are forced to pay more each month for worker’s compensation insurance. That will usually only drastically increase if there have been lots of accidents and claims over a short period of time. In that case.

Will a Workers’ Comp Claim Affect Future Employment?

Another reason our clients are afraid to file a workers’ comp claim is that they believe it may affect them when they apply for jobs in the future.

It is illegal for an employer to not hire you because of a previous workers’ compensation claim. The Americans with Disabilities Act (ADA) prohibits that kind of discrimination. [1]

You can be honest about gaps in your employment, that you may have taken to heal after the workplace accident. We usually encourage honesty with employers. You may find it makes more sense to discuss the workers’ compensation claim with them directly in the interview, then letting them find out for themselves which will just add to the confusion.

Will an Employer Ask If You Have Ever Filed A Workers’ Compensation Claim?

Technically, it is illegal for employers to ask if you have ever filed a workers’ comp claim. The ADA limits the number of questions that any organization can ask a person with a disability that may influence their decisions.

Employers can specify job requirements that will affect your chances of being hired. Some of these requirements can include the ability to lift 50 pounds.

Employers will use this as a filter to decrease the chance they might hire someone who has a workplace-related injury. This is a way around asking a job candidate if they have had previous workers’ comp claims.

The fear of filling a workers’ comp claim is justified in some sense but remember that there are laws out there to protect you. Don’t let that fear stop you from getting the money you deserve and healing your injuries. No job is worth your long-term health and happiness.

Will a Workers’ Comp Claim Appear on a Background Check?

In some states, like Florida, your worker’s comp record is public so if you apply for a job they will most likely see the record. Most medical records will remain closed, but the claim itself will detail a lot of the compensation claims.

However, your would-be-employer cannot then refuse to hire you based on that information when they learn that you have claimed workers’ compensation in the past. That would be considered discrimination.

If you lied on your application in any way that may indirectly affect your workers’ compensation claim, then you may have to

Will My Employer Hold My Job for Me?

Another common reason you may be afraid to file a workers’ comp claim is your current job security. And there is some merit here. Filing a workers’ compensation claim can be a long and arduous process. Your workers’ comp lawyer will do their best to ensure you get all the compensation you deserve, but what about your job in the meantime?

In almost all states and in almost all circumstances, your employer cannot fire you because you were injured on the job. Workers’ compensation insurance exists for that reason, to protect the employee and provide damages and money so that you can heal from your injuries.

Workers’ Compensation Retaliation

As mentioned above, workers’ compensation retaliation is illegal. If an employer fires you for being injured or takes malicious actions against you for any reason related to the injury, you can file suit against them for compensation.

Afraid to File A Workers’ Comp Claim Speak with a Qualified Lawyer Now

Don’t let the fear of filing a workers’ comp claim prevent you from getting the help you need. Speak with a qualified Steinger, Greene & Feiner workers’ compensation lawyer today and begin the journey to healing. We will ensure you get the money you deserve: (800) 560-5059.

Calculate how much workers’ compensation claim is worth and get started today! If your claim has been denied, reach out and see what options are available to you.

 

Sources:

[1]: https://www.eeoc.gov/publications/ada-your-employment-rights-individual-disability

 

 

About The Author

Michael Steinger

Michael Steinger

The Florida BarFlorida Bar Young Lawyers DivisionMillion Dollar Advocates ForumMillion Dollar Advocates ForumBest Workers Compensation Attorneys in MiamiBest Car Accident Lawyers in MiamiLawyers of distinction

MICHAEL S. STEINGER, founding partner of Steinger, Greene & Feiner, believes in representing real people, not big businesses. Since the firm’s creation in 1997, Steinger, Greene & Feiner has never represented an insurance company or large corporation, and he vows to keep this promise. Over the course of his career, Michael has handled thousands of Florida accident cases, recovering millions of dollars for his clients and earning him membership into the Multi-Million Dollar Advocates Forum. Staying up-to-date on the ever-evolving laws protecting injury victims and their families, Michael is an active member of the American Bar Association, the Palm Beach, and St. Lucie Bar Associations, and sits on the Auto Insurance Committee of the Florida Justice Association.