Most states have laws in place that protect employees who are injured at work, and one of the laws is that employers must provide workers compensation insurance to all employees. The downside to filing a claim against workers comp is that you take the risk that your employer will retaliate against you afterwards. If this happens, here are three things you should know.
What Workers Compensation Is
Workers compensation is insurance employers must provide to employees if injuries or illnesses occur at the workplace. If you are injured while working, or if you develop an illness because of the conditions at your job, you are legally entitled to file a claim with your employer’s workers compensation insurance.
If your claim is approved, you will get paid a percentage of your normal pay while you are off work, and you may also get reimbursed for your medical bills from this injury or illness.
Many employers and their insurance companies will fight against compensation when claims are made. They often state that there is not enough proof that the injury occurred because of work, and the insurance company will deny the claim.
If this happens, you may need to hire a workers compensation lawyer to represent you. With a lawyer, you should end up receiving the benefits you are legally entitled to.
How This Affects Employers
The number one reason employers fight workers compensation claims is to avoid increases in insurance premiums. When the insurance company has to pay benefits to injured employees, they often raise the costs of the insurance, and the employers are stuck paying these higher rates.
To avoid this, employers will often fight claims. The trouble is that the employers will not always win, especially if the injured employees hire lawyers. After an employee is approved for the benefits, an employer might be angry and may end up retaliating against the employee.
Employer Retaliation Is Illegal
Employer retaliation is something that occurs after workers compensation claims, and it often involves one or more of the following “punishments” to employees:
- Decrease in wages
- Change in job description, duties, or position
- Poor treatment
If any of these things occur after you go back to work, you may want to file an employer retaliation case against the company you work for. The state you reside in may fine your employer if found guilty of this, and you may be able to sue for damages caused by this.
Remember, workers compensation is designed to help you if you are injured at work, and filing a claim should not lead to retaliation from your employer. If you are having any trouble with a workers compensation claim or retaliation after a claim, contact a workers compensation lawyer in your area.