Note: Trevor’s story is a fictional scenario presented to help illustrate how a worker may feel conflicted about filing for workers’ compensation.
Have you ever wondered why there are more injured workers than there are people filing for workers’ compensation? In this blog post, we will discuss the most common reasons why people choose not to take action when they are injured on the job.
1. They don’t know their rights.
Let’s face it— we don’t take classes in school that teach us about our legal rights. There’s no shame in not knowing about workers’ compensation insurance and your options as an injured worker.
A common reason why employees don’t file a claim is because they are simply unaware of this opportunity to seek reimbursement for lost wages and medical bills.
Here at The Law Offices of Craig L. Cook, we feel strongly about educating you on your options. This is why we offer free consultations for injured workers coming to us to ask about their rights.
2. They are afraid.
Fear of retaliation can make someone stay quiet about a workplace injury. People often feel as if they’re being disloyal to their employer if they file a workers’ compensation claim. This isn’t the case.
Keep in mind: that’s what they have insurance for. It is completely normal to report your injury to your employer and file a claim. Furthermore, it is illegal in Arkansas and Oklahoma (the states we represent clients in) for an employer to retaliate against an employee for filing such a claim.
3. It isn’t “that bad.”
Sometimes, people avoid reporting the injury if they tell themselves it isn’t severe enough to make a big deal out of it. A good rule of thumb is to ask yourself these questions:
Did my income or health take a hit due to this work-related injury?
Did the injury cause me to miss work, and therefore, lose out on money?
Did the injury lead to medical care, such as a visit to the ER or urgent care?
If you answered yes to any of these questions, it may be a good idea to consider pursuing a workers’ compensation claim. Let us help you determine if the injury is bad enough to warrant a claim.
4. They don’t know how to navigate the claim process.
Legal processes can be intimidating. This is why we are here to help. Workers’ compensation is one of the practice areas we specialize in, and we can assist you with various aspects of the process, including:
- Collecting evidence
- Evaluating your claim
- Negotiating a settlement
- Deciding whether to settle
- Fighting for maximum benefits
- Requesting a trial to overturn denial
5. They aren’t sure whether or not their injury is covered.
Maybe the reason employees don’t file for WC is because they think it’s their fault. Workers’ compensation insurance covers the injured employee regardless of fault as long as the injury happened as a direct result of the employee doing their job.
If an employee was giving his coworker a piggyback ride throughout the warehouse and got injured, that won’t be covered since it is not in line with his job description. However, if he is performing his normal job duties at the warehouse and accidentally slips because he isn’t paying attention to the “wet floor” sign, that’s a different story.
Even though he is also at fault for the second scenario, he still was injured while doing his job, which includes walking to the office and back. Both Arkansas and Oklahoma, when it comes to workers’ compensation, are no-fault states. This means people can file for WC even if they are at fault.
6. They are worried about the cost and time commitment.
Legal claims can cost you time and money, which some people are worried about spending. To be clear, it is free to file a workers’ compensation claim. Even if you hire a WC attorney, you only pay them a percentage of your settlement award if they win your case, so there is zero financial risk involved.
As far as the time commitment goes, a lawyer can save you time by taking care of the necessary paperwork, communicating with the insurance company, and representing you at hearings.
7. They are discouraged by their coworkers.
Maybe a coworker is telling you to “tough it out,” or they tell you about a negative experience they had with management when they tried to report their injury to the employer. Try not to be discouraged by others’ opinions and experiences.
Every case is different, and you owe it to yourself to seek compensation for damages.
8. They are discouraged by their employers.
Employers may react poorly to your attempts to report your injuries. Keep in mind that in most cases, employers are legally required to obtain workers’ compensation insurance. Their behavior does not dictate your rights as an employee.
If you are covered under their WC insurance, and you were injured as a result of you doing your job, your employee is required to comply with rules and regulations surrounding reported injuries.
And remember, it is illegal for them to retaliate against you for doing so.
9. They have a pre-existing condition.
Sometimes, injuries can be more difficult to prove if the symptoms of the injury match the symptoms of a pre-existing condition. Don’t let that stop you.
Pre-existing conditions can be worsened by a workplace injury, leading to further distress that prevents you from doing your job or causes you to miss a paycheck or two while you seek treatment.
An experienced attorney can help you prove that your workplace injury made you worse off than you were with your pre-existing condition.
10. They lack evidence.
Many workers fear they can’t prove their claim. This is why photos, witness statements, and documentation are important. Any piece of evidence is worth preserving. You never know what information can help your case. Maybe your place of work has cameras, or a customer saw the incident happen.
Gathering evidence is something you and your lawyer can work on together.
Trevor’s Story
Trevor is an employee at a construction company. One day, he was climbing a ladder for a project when he tripped and fell. He injured his leg, but because nothing was broken, Trevor was hesitant to file a workers’ compensation claim.
He reported the injury to his employer so he could take the rest of the day off, but it took him longer than he thought to get back on his feet. He ended up missing a couple weeks of work, so his paycheck was short by a few thousand dollars.
Although he only went to the doctor once about it, and he quickly made a full recovery, Trevor wanted to receive compensation for the copay and two weeks of work he missed. He filed a claim with his employer and received a check in the mail.
Conclusion
Despite how common these reasons are for not filing a claim, they are not necessarily valid. There are many fears associated with taking action, but know that it is within your right as an injured worker to do so.
We are here for you every step of the way— you can even book a free consultation with us to answer any questions you may have. Here’s to you receiving fair compensation!