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 Craig L. Cook Law, 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. Many injured workers hesitate because a person may feel disloyal to an employer or worry about job security if they file, but workers’ compensation is an employment benefit within the workers comp system designed to protect injured workers with legitimate claims. This isn’t the case.
Keep in mind: that’s what they have insurance for. It is completely normal to report a work-related injury or illness to your employer and file a claim, and coverage may include various types of benefits, including help with lost wages and the fact that workers’ compensation covers medical expenses for work-related injuries. Furthermore, it is illegal in Arkansas and Oklahoma (the states we represent clients in) for an employer to retaliate against an employee for filing legitimate workers compensation claims.
3. It isn’t “that bad.”
Sometimes, people avoid reporting the injury because fear of retaliation is common, even after an accident, 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 injuries situation after I got hurt?
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 an injury claim. Some workers also hesitate out of loyalty to their employer and worry they will be labeled as difficult or seen as unreliable. This isn’t the case, and filing can protect legitimate claims and financial security after an injury. 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, especially when you are dealing with forms, deadlines, and the workers’ compensation system. Many workers believe their injury is too minor to report, especially if they feel only slightly hurt after an accident. 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 workers comp claim
- Negotiating a settlement
- Deciding whether to settle
- Fighting for maximum benefits
- Requesting a trial to overturn denial
If you are unsure about filing a workers’ compensation claim, ask yourself a few questions. Did the work related injury affect your health? Did it keep you from doing your job? Did it reduce your income? Understanding the specific steps for filing a workers compensation case and filing claims can make the process less overwhelming. If your answers show the incident affected your health, work, or income, you should consider filing a workers injury claim.
5. They aren’t sure whether or not their injury is covered.
Maybe the reason employees don’t file for WC is because dealing with the system and filing a claim can feel overwhelming, especially since filing a workers’ compensation claim involves specific steps, multiple forms, and strict deadlines. Workers’ compensation insurance is a no fault system, and getting help with filing a workers comp claim can make it easier to pursue workers comp benefits without worrying that blame will block recovery.
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.
Some employees avoid filing a workers compensation claim because they assume being at fault prevents workers comp benefits. To be clear, it is free to file a workers’ compensation claim, and in Arkansas and Oklahoma the system is generally a no fault system, so coverage may still apply even when a worker made a mistake. If you hire a workers compensation attorney, legal fees are typically a percentage of the recovery only if benefits are obtained, so cost is less of a barrier than many people think.
As far as the time commitment goes, attorneys can save you time by handling paperwork, dealing with the insurance company, and providing legal representation at hearings. A good advocate also helps protect your rights, and many workers mistakenly believe they cannot file if they were at fault, even though the no-fault rule allows claims in many work situations.
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 and colleagues may react poorly or discourage you from moving forward with filing a claim after you report your injuries. Keep in mind that in most cases, employers are legally required to obtain workers’ compensation insurance, and many employers also have reporting rules in place. 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. Reporting promptly also helps protect your claim under the applicable statute and your right to benefits, including payments for lost wages and medical care.
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. Many employers require prompt reporting, and state deadlines can be strict, sometimes only days or weeks. Don’t let that stop you.
Pre-existing conditions can be worsened by a workplace injury, and some symptoms or an occupational illness may develop over time, 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, and reporting it quickly helps preserve your right to benefits and payments under the applicable statute.
10. They lack evidence.
Many workers fear they can’t prove their claim, especially when a work-related illness or condition is harder to separate from a pre-existing issue. 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, and surveillance footage can help show what happened, or a customer saw the incident happen.
Gathering evidence is something you and your lawyer can work on together, particularly when some symptoms develop over time instead of appearing all at once after one incident.
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!
