Injured by a faulty floor jack

Employers Acting Badly After A Work Accident

8 February 2023

Mia Little

As a hurt worker, you have rights. However, some workers are not prepared for the reaction of their employer when they file a workers' compensation claim. To find out more about what could happen to you and what to do to make things right, read below. 

What to Know About Workers' Compensation Coverage

Workers' comp is a somewhat new type of insurance coverage. Before it came about, hurt workers could only file a lawsuit against their employer and hope for the best. When an employer gets their workers' comp claim approved, they are entitled to an array of benefits. Workers can get medical treatment at no charge and sometimes they also can be paid to stay home and recuperate. If their injury won't heal and they cannot return to work, workers are entitled to a lump sum settlement from the insurer. Unfortunately, some employers are not happy with employees who file claims. 

What to Know About the Employer's Role

It may not occur to the worker how the employer will react to a workers' comp claim. Consider these issues:

• The employer must have this kind of coverage if they have a certain number of employees.
• The employer must pay the insurer premiums for the coverage.
• Workers are covered immediately after beginning work with no waiting period.
• Employers can use other workers to fill in for the hurt worker but they must leave their position empty until they are ordered to return to work.
• When an employee gets hurt at work and files a claim, the premiums for coverage may rise. When a lot of workers are hurt, it can seriously affect the business's bottom line.

How to Fight Back Against Retaliation

Some workers are targeted for filing claims even if they are within their rights.  Commonly, retaliation comes in the form of:

• Being fired or demoted
• Being assigned to undesirable jobs
• Being passed over for promotions
• Being transferred to other locations, sectors, branches, etc

If you are being treated unfairly by your employer, take action:

1. Create a list of retaliatory situations.
2. Keep evidence of retaliation like notes, memos, letters, photographs, and more.
3. Report harassment to the business' human resource office.
4. Speak to a workers' compensation lawyer. The lawyer can educate you about workers' rights and threaten to take legal action if issues are not rectified. If things don't improve, the employer can be sanctioned by the state workers' compensation board. If you must resign because of this type of treatment, you may be entitled to back pay and benefits. Speak to a workers' comp lawyer to find out more.

Reach out to a work site accident attorney in your area for more information.

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