How Your Employer Can Inhibit Your Workers’ Compensation Claim
You may be tempted to believe that you’ll receive the financial support you need once you file your workers’ compensation claim. But that may not be the case. Your employer may use dirty tricks to deny your claim, minimize the claim amount, or harm your case. Here is a list of tactics your employer and their insurance carrier may pull to try to gain an unfair advantage over you.
Misrepresent Reporting Requirement
The Occupational Safety and Health Act requires organizations to fill and submit Form 301, Form 300, or Form 300A to the Secretary of Labor within seven days after getting a complaint that a severe workplace injury and disease has occurred. The deadline helps the plaintiff to get the financial support they need faster before their injury or illness gets worse.
Your employer may deliberately refuse to comply with OSHA recordkeeping obligations and tell you that since the accident was not recorded within seven days, you can’t pursue any legal action. But this is a lie. If you report a work-related accident on time, and the defendant fails to comply with OSHA requirements, they may face hefty fines and penalties of up to $10,000.
File Conflicting Reports
When filing OSHA forms and other recordkeeping reports, your employer may sneak in some information that can be taken out of context and be used to deny you a fair settlement. When you report a work accident to the HR manager or employer, make sure you get a signed statement from them.
Take your time to read the statement and ensure it doesn’t contain words that make the work accident appear to be less severe than it is. Also, ensure there are no words that blame your injury or illness on a pre-existing medical condition or previous injury.
Blame You for the Accident
Your boss or insurer may look for evidence that shows you are to blame for the accident. They may try to use the evidence to convince you to put off your compensation claim. But don’t fall for this trick. Even if the injury was 100% your fault, you still are eligible for all benefits and payments under the Act.
Exploit Weak State Work-Injury Compensation Laws
According to a recent report released by the American Health Association, employers, through their insurance agents, pay just 21% ($41 billion) of the projected yearly cost ($198 billion) of workplace injuries, diseases, and deaths. This is because employers and insurers are taking advantage of the loopholes found in the workplace injury compensation laws.
Your employer or the insurance representative may use the loopholes to devalue your claim. They may also use the weakness to stop or suspend your claim. If your claim is suspended, it can take a long time to get it reinstated.
Issue Threats
Your supervisor or employer may tell that you will lose your job or suffer retaliation if you continue pursuing your compensation claim. This is illegal. Don’t let it stop you from filing a compensation claim. If your employer continues to threaten you, record the incidents, and file a complaint against them.
Ask for One-On-One Settlements
Another trick that your boss may try to use is offering you money upfront to avoid a lawsuit. Think twice before settling. You may end up with a bad deal. If you want to solve the matter, have an attorney by your side. Hiring an experienced lawyer can drastically improve your chances of getting a fair settlement.
Final Thoughts
There are many tactics that your employer may use to deny, devalue, or delay your work injury-related claims. However, the ones highlighted above are the most common tactics most employers and insurers use. Be sure to keep them in mind to avoid being bushwhacked during your workers’ caseproceedings.
If you have a workplace injury or illness and want to file a workers’ compensation claim, don’t do it alone. We can help you identify and stop these dirty tricks. If you need advice or legal representation, get in touch with us now.