After an injury at work, it is in your best interest to file a claim as soon as possible. Many people hesitate to file claims because they are concerned about losing their jobs. However, an employer cannot intimidate, punish, or fire an employee just for making a workers’ comp claim. It is a legally protected right. If you believe your employer is treating you unfairly because you filed a workers’ compensation claim, speak with the seasoned workers’ comp attorney Mark L. Newman.
Fear of employer retaliation
Some workers are worried they’ll be demoted or moved to a bad shift if they file claims. Even worse than that, some fear being fired. It often doesn’t seem worth the risk if they think the injuries might go away. The first mistake people make here is not seeking medical attention. If you don’t see a doctor and don’t document your injuries, you’ll hurt your claim before you’ve even decided to file.
It’s important to know that if you are injured at work and want to file a claim, you gain legal protections. Retaliatory actions are illegal. Fear of retaliation should not discourage you from applying for the benefits you need.
Fear of what people will think
If an injury seems small, oftentimes a worker does not want to seem like a “whiner,” who complains about the smallest ache and pain. For some people, they believe there is a stigma of being on “workmen’s comp.” They believe that their co-workers will treat them differently. In the long term, we advise clients that it is better to act early. Seek medical treatment to rule out injuries that might not be as visible.
Fear of missing work
Some employees are afraid that if they take the time they need to treat their injuries, they’ll lose wages. With a successful ohio workers’ comp claim, you will receive lost wages during the time it takes to recover. If you go back to work too early, you might lengthen your recovery time. It could also lead to more problems down the road.
Pressure from employers
Far too many employers encourage or push injured or sick workers to come back to work right away. They might push the employee to use their health insurance to pay for treatment. A small business owner might tell an injured employee not to file because their premiums will skyrocket. They might promise to take care of their injured employee through other means.
No matter what, you should have the benefits offered by the Ohio workers’ compensation system. It is not your employer’s decision as to how you will take care of yourself. It is up to you.
Waiting to see how severe an injury is
Many people want to push themselves through work injuries. They want to avoid the potential short term medical costs and keep their wages coming. Always let a doctor decide whether or not your injuries are severe or not. Filing the claim permits a doctor to request diagnostic tests. This will put you on the road to recovery much faster.
Enlist the help of an Ohio certified Employment Law Specialist
These reasons should not keep you from filing a workers’ compensation claim. If you filed a claim and your employer fired, demoted you afterwards, you may have a claim for retaliation. Mark L. Newman has helped clients who are concerned about being fired or harassed if they file a workers’ compensation. Before you make the decision to not file a claim, or if you were fired or demoted after filing a claim, schedule a free, no-obligation consultation. Give him a call at 513-721-1350 or fill out his online contact form.