5 Things Your Company Can’t Do After You Suffer A Work Injury

Many people like to assume that their employer will be on their side in the event they suffer an on-the-job injury. While it’s true that many employers have fantastic Human Resources departments that prove helpful in moving an injury claim along, it’s vital to remember that your employer is not on your same side. You are making a claim against their insurance policy, which could cause their premiums to increase. Because employers have different priorities, there are protections in place that keep them from performing certain actions that could be harmful to an employee or their rights as an injured worker. In today’s blog, we take a closer look at some of the actions that a company cannot take following an injury to one of their employees,

What Your Employer Can’t Do After A Work Injury

If your employer has done any of these things or even threatened to do any of them, know that you may have an additional lawsuit on your hands. Document any evidence that could help prove that your employer has taken these actions and connect with an injury lawyer. Here’s a look at five things your employer can’t do after you’ve suffered an on-the-job injury:

1. Pressure You Into Not Filing – Because filing a claim could end up hurting your employer’s bottom line, they may try to get you to not move forward with a claim. They may pressure you or offer you an alternative restitution option, but know that this is illegal. You are a protected employee who has a legal right to injury compensation, and your employer cannot pressure you to not move forward with a claim.

2. Take Disciplinary Action For Filing – Your employer cannot take disciplinary or retaliatory action against you for filing an injury claim. If they fire you, cut your hours or transfer you to a different location because you filed an injury claim, know that you may have grounds for another lawsuit. Don’t expect them to admit to taking retaliatory action because you suffered a work injury, so be prepared to try and prove this assertion in court.

3. Force You Back To Work – An employer cannot give you a mandate to return to work that does not fall in line with your treating doctor’s recommendations. They may offer you light work accommodations, which could cause you to forfeit your work injury benefits if you decline reasonable and gainful employment that is within your physical restrictions, but they can’t demand that you return to work before you’ve been cleared by your physician.

4. Deny Reasonable And Necessary Care – Your employer and their insurance company can’t prevent you from seeking out medical care and treatment that is reasonable and necessary. They may prefer you recover at home for a few days, but if you believe you need to see a physician, you are well within your rights to seek medical attention and be compensated for care related to your work injury.

5. Delay Or Withhold Information – Your employer is required to report your injury to their insurance provider to get the claims process moving. They are required to file this information within specific deadlines once they have been made aware of your injuries. If they delay in reporting your injury or withhold information from either the insurance company or from you, they are in violation of the law. If you uncover that information has been mistakenly or purposely withheld during the course of your injury claim, connect with your lawyer about your options.

Don’t assume that your employer has your best interests at heart after a work injury, and know which actions are illegal for them to take during the claims process. If you run into any issues with your employer or with the claims process in general, connect with Dean and the team at Margolis Law Firm. For more information on how we can assist with your injury claim, connect with our office today at (952) 230-2700.