Should I File a Workers’ Comp Claim?
Why Filing a Workers’ Compensation Claim After an Occupational Injury or Illness is Good for You and Your Employer
Guilt. Shame. Pride.
We’ve had conversations with countless injured employees who, like you, hesitate to file for workers’ compensation due to these emotions. It’s not uncommon to feel guilty about a job-related injury or the diagnosis of an occupational disease, worrying about the impact on your employer or coworkers.
Or you may have received direct pressure or intimidation from a boss not to file a workers’ compensation claim (along with promises that he will pay your medical bills).
In addition, lobbyists and advocates for insurance companies, major industries, and Fortune 500 employers (and others) have used advertising and legislative changes to create a stigma around seeking compensation for injuries. These efforts, labeled tort reform (or deform by plaintiffs’ lawyers), generate more hesitation among employees considering filing for workers’ comp.
But we are here to tell you that you should not feel bad for seeking the workers’ compensation benefits the law orders employers to provide. This safety net exists for a reason.
This article explains why you should file a workers’ comp claim to help you, your employer, and your coworkers. It lists why people in similar situations initially hesitate to file for workers’ compensation and then knocks those reasons down.
It’s unfair for you to bear the entire burden when a workplace injury or sickness devastates your health, financial situation, and quality of life. Instead, file for workers’ compensation if you are eligible.
Keep reading to learn more.
Then call us at (804) 251-1620 or (757) 810-5614 to see if workers’ compensation covers your work-related injury or illness. We have helped thousands of injured employees recover lump sum settlements. And we want to go to work for you.
What are the common reasons that employees do not file for workers’ compensation? And why you should file anyway.
Below is a list of the most common reasons injured employees are reluctant to file a workers’ comp claim.
Underneath each reason is our answer to why these beliefs should not stop you from seeking workers’ compensation. We hope these explanations dispel myths you may have heard that filing for workers’ compensation is bad.
“I do not want to sue my company.”
Many employees do not want to sue their employer for an injury because they like their bosses or the company owner. These workers worry that a workers’ compensation claim may bankrupt the employer or force layoffs. And they do not want to do this to people they care about.
These concerns are understandable. And admirable.
However, filing a workers’ comp claim does not harm your employer like a civil action may.
First, this concern about suing the employer is not a problem because a workers’ comp claim is not a civil action. Indeed, the law says that workers’ compensation is your only remedy against the employer for an occupational injury. Therefore, civil courts will dismiss lawsuits against employers when the employer files a plea in bar.
Instead, consider a workers’ comp claim an auto insurance claim.
Most people, myself included, would quickly file a claim with our automobile insurer if their car is damaged. This type of claim is called a first-party insurance claim.
Workers’ compensation is similar. Although it is a third-party insurance claim, employers purchase workers’ compensation insurance for employees’ benefits.
Second, through the Workers’ Compensation Act, society has decided that workers’ compensation insurance coverage is a cost of doing business. Industries should pass the costs of work accidents and illnesses to consumers. As an injured worker, you should not bear the burden alone.
This rationale is workers’ compensation insurance coverage is mandatory for almost all employers in Virginia and other states (excluding Texas).
If your employer asks you not to file a workers comp claim because it will affect their business somehow, ignore it.
They had an obligation to protect you and your coworkers by buying workers’ compensation insurance or meeting self-insure requirements. Either they broke the law or want you to give up your legal rights for no reason.
Therefore, act to protect yourself and your family first.
“I cannot afford a lawyer when I have no income.”
Movies, television shows, books, and the media often mention lawyers’ pay.
However, workers’ compensation runs differently.
Most workers’ comp attorneys charge a contingency fee like plaintiffs’ personal injury lawyers.
Therefore, you have no upfront legal costs. Instead, your attorney receives a percentage of any settlement or Commission award.
Further, you pay no fee if you lose your case.
“My employer is letting me take it easy until I feel better.”
Initially, your employer may work with you to accommodate any medical restrictions from the work-related incident. Indeed, many companies, especially larger ones like Walmart and Amazon, may provide light duty at the same pay.
Eventually, many employers will stop paying the same amount for what they view as less work. Some companies even have written policies addressing this issue, limiting the availability of modified duty to 60 to 90 days. If you have restrictions when the time runs out, you lose your job and income.
Filing a workers’ comp claim allows you to do something about these changes in circumstances you cannot control.
“I can work through the pain.”
You can work through the pain from a work-related injury – until you can’t any longer.
We have resolved claims for many employees who worked through numbness, tingling, and pain for weeks or even months until they could no longer bear it. Then, they had to undergo surgery. For example, we have represented many construction workers, truck drivers, and nurses who worked for a period before ultimately needing surgery for a torn rotator cuff or spinal fusion for a herniated disc after a back injury that led to disability from work.
No one can predict how they may feel or perform three, six, or nine months after a work injury.
Your health may deteriorate, resulting in the need for medical treatment and income while you are disabled from work. To avoid being out of luck if this happens, you must file for workers’ compensation within the deadlines.
“I have private health insurance or Medicaid that will pay my medical bills.”
You may have private health insurance or Medicaid coverage that you hope will cover medical expenses for the work-related injury.
But other times, your healthcare provider may refuse to bill this insurance when it knows workers’ comp should pay. Or, your private medical insurance may refuse to pay the bills because of language in your health insurance contract that excludes payment for medical care related to occupational injuries. Most policies have this language.
In addition, a health insurer may retract payments to medical providers, putting you in collections.
Moreover, even the best private health insurance requires some out-of-pocket expenses, such as co-pays and deductibles. In contrast, workers’ compensation does not, which boosts your finances.
Further, many people have insurance coverage through an employer (or their spouse’s employer).
Your employer may shut down or end your position regardless of whether you file for workers’ compensation, leaving you without insurance.
You can protect yourself from this possibility by ignoring the myths that filing for workers’ comp is bad and obtaining a lifetime medical award. Further, filing a claim stays (pauses) debt collection activities, protecting your credit score.
“My employer may fire me.”
It is unlawful to retaliate against an employee for seeking workers’ compensation benefits or testifying on behalf of another at a workers’ compensation hearing.
If this happens, you will have a retaliatory termination lawsuit against the employer. In addition, you may have causes of action under other federal and state labor and employment laws, such as the Family and Medical Leave Act (FMLA) and the Americans with Disabilities Act (ADA).
In our experience, these claims cost the employer much more than they think they are saving by firing an injured worker.
“The insurance adjuster seems nice and helpful.”
You may think filing for workers’ comp is bad because the claim adjuster is kind on the phone and has voluntarily paid benefits.
Many litigated claims start this way.
And you should file a workers comp claim anyway.
Here is why.
First, the law says the employer should provide an agreement letter if the parties agree on compensation. Therefore, your employer and insurer are not complying with the law when they pay benefits voluntarily but refuse to offer an award agreement memorializing the injury and entitlement to benefits.
Second, the insurer’s voluntary payments do not bind the insurance company to future payments. At any moment, your benefits could stop if the Commission has yet to enter an Award Order. This will cause financial stress and hinder your healing and recovery process.
Third, the adjuster may become much more difficult if you do not recover fast enough or need medical treatment that costs thousands or more.
By filing a workers’ comp claim, you scare the insurance adjuster into knowing you will do what it takes to protect yourself and gain leverage in any disputes that may arise in the future.
“I do not want to get a reputation as ‘soft’ or weak.”
We stand and fight for employees in every industry and occupation.
Some industries have a reputation for being “macho” and treating toughness and working through pain as the most crucial qualities for an employee. Some trucking and construction companies work this way.
This description may depict you. You fear that filing for workers’ compensation and admitting you are hurt will cause your coworkers, boss, employer, trade union, or potential future employers to view you differently.
We hear you and know where you are coming from.
However, you may worsen the injury by not seeking workers’ comp, taking time off when you should, or obtaining medical treatment. Something that could have healed in a few weeks may now take months or even years because you need surgery. Indeed, work injuries could result in permanent restrictions because of delays.
We have seen this scenario repeatedly. Eventually, the work injury catches up to you and forces you to change careers.
Instead, use the benefits provided by workers’ compensation to heal and prolong your career.
Why Filing a Workers’ Comp Claim is Good for Your Employer, Not Bad
Contrary to complaints from some employers and insurers that workers’ comp is costly, we view an employee’s decision to file for workers’ compensation as a good thing for an employer.
Here is a list of reasons why.
First, your work accident may prompt the employer to take added safety measures or provide more training to prevent future incidents that may result in severe injuries or death. Your claim can motivate the employer to provide safer work conditions that decrease the likelihood of another workers’ comp claim or a third-party lawsuit for negligence from an injured non-employee.
Second, filing a workers’ compensation claim and receiving medical care increases the likelihood that you will return to work sooner. The employer will then save time and money on recruiting, hiring, training, and keeping an employee (or employees) to replace you. These tasks are expensive.
Third, employees’ morale will increase when they know their employer supports them in seeking workers’ compensation for occupational injuries. Employers can then keep experienced employees for longer, helping their business succeed.
Although insurance premiums may increase due to claims, these costs pale compared to the savings on recruiting talent and preventing future claims.
Protecting Your Health and Finances by Filing for Workers’ Comp is Never a Bad Idea
Many procedural rules and statutes force you to act fast to get workers’ comp benefits.
You must meet these deadlines to ensure you receive the health care and cash payments the laws say are your right as an injured employee.
Call our top-ranked workers’ comp attorneys today to discuss your options. We know how to get results.
- Will the Dollar Tree Store Closures Affect My Workers’ Compensation? - March 14, 2024
- Workplace Injuries in 2022: BLS Releases Statistics - December 15, 2023
- SSA Proposes a Rule Change to Work History Evaluation - November 1, 2023
