What If My Employer Does Not Want Me to File a Workers’ Compensation Claim?
On Behalf of Rosenthal, Levy, Simon & Sosa | November 14, 2022 | Workers' Compensation
Suffering an injury or illness at work is an incredibly frustrating process for most workers. They must deal with the recovery process, lost workdays, and filing a workers’ compensation claim. Some employers also consider the claims process burdensome, so they may try to avoid it by pressuring or coercing injured employees against filing a workers’ comp claim, which is illegal.
Is Your Employer Coercing You Into Not Filing a Workers’ Compensation Claim?
The workers’ compensation insurance system is basically no-fault insurance coverage for work-related illnesses and injuries. With few exceptions, most employers in Florida must carry workers’ comp insurance. While it may be inconvenient for employers to deal with workers’ comp claims, they are legally obligated to do so when the need arises.
In some cases, employers’ resort to discouraging injured employees to not file claims or threatening them with consequences. This is illegal. If this happens to you, make sure to document it and discuss your next steps with a skilled Port St. Lucie workers’ compensation lawyer as soon as possible.
Coercion can come in various forms. The most common coercion tactic involves an employer discouraging or pressuring an injured employee not to file their claim. The employer may tell the employee to not file outright or advise the employee to rest for a few days. But you should keep in mind that it’s your legal right to file a worker’s comp claim, whether your employer likes it or not.
Employee Coercion Tactics All Employees Should Know
Other coercion tactics employers may use are more direct or subtle. These can include the following:
- Termination, demotion, or suspension – Your employer may threaten to fire, demote, or suspend you because you are planning to file a workers’ comp claim or have already filed one.
- Thwarting opportunities for advancement – Your employer may say something like, “How can we promote you if you’re injured?” or if you have evidence proving your employer denied a promotion or advancement opportunity at work because you want or have filed your claim, you have an additional claim against your employer.
- Pay reduction – Your employer may reduce or restrict payment if you file a workers’ comp claim.
Sadly, while these actions are illegal, more and more employees are being coerced by their employers to not file a valid workers’ comp claim. If you are facing any of these situations when you report your work injury or illness to your employer and intend to file a workers’ comp claim, speak to a lawyer to explore your legal options.
Get In Touch With an Experienced Port St. Lucie Workers’ Compensation Lawyer Now
You don’t have to take on your employer and the workers’ comp claims process on your own. Contact the Port St. Lucie workers’ compensation lawyer at Rosenthal, Levy, Simon & Sosa today at 772-249-3776 or online for your free consultation. Our Port St. Lucie workers’ comp lawyer will answer all your questions to help you understand your claim better and hold your employer liable for the compensation you need and deserve.