Delphin Law Offices PLC

Reasons Why An Employee Would Hesitate To File For Workers’ Compensation

Newark workers compensation lawyerWhen a worker is injured on the job while performing their duties, it’s possible for them to seek compensation in the form of worker’s compensation. Not every worker is covered, and the situation itself can influence whether or not a worker is covered. Workers who are covered should use this helpful legal asset. Some workers will hesitate to file for worker’s compensation even if they’re qualified, which this guide will explore. 

  1. They’re Afraid of Losing Their Job

A worker may hesitate to file for worker’s compensation because they’re afraid they could lose their job. While the law prevents a place of employment from firing an employee who files for worker’s compensation, an employer can still find ways around it. The employer can also fire the employee in the future, using an excuse like poor performance as a way to fire the employee. 

  1. They’re Afraid of Harming Future Employment Opportunities 

An employee may not be afraid to lose their current job, but they can be afraid of hurting their career down the road. Depending on the industry, different businesses and organizations can be in close contact with one another. An employee might be afraid of a future employer contacting their current job, only to have their boss manipulate the facts about why they filed for worker’s compensation. 

  1. Backlash From Other Employees

Unfortunately, some jobs cultivate a toxic work environment, pitting different employees against each other. A manager or supervisor may even directly or non-directly threaten other employees’ jobs if they show signs of agreeing with the injured worker. Alternatively, if a place is short-staffed, an employee may want to try working through the pain so that their other workers aren’t as burdened with a heavier workload. Not all injuries immediately take an employee out of commission. However, many injuries can make performing work extremely painful and hard, leading to further injuries even when a doctor advises against working. 

  1. The Fear That It Won’t Accomplish Anything 

The injured employee may have already heard horror stories about employees trying to apply for worker’s compensation only to have their claim denied and promptly face backlash from their employer. The employer may find a way to outright fire an employee or use tactics forcing them to quit, such as: 

  • Giving them poor performance reviews
  • Not promoting them 
  • Scheduling them on shifts they don’t want
  • Scheduling them to do unfavorable work
  • Never approving personal or vacation days
  1. They’re Not Sure How the Entire Process Works 

An employee may simply not know how to handle the entire process, and navigating paperwork alone can be challenging, especially dealing with medical needs. Furthermore, an employee may not know how to handle a claim being denied or how the legal process after fighting a denied claim works. A Nework workers compensation lawyer can help an employee injured to see if they’re entitled to compensation, something our friends at Rispoli & Borneo P.C. agree is essential following a workplace injury!