If you are legitimately injured on the job, fear of retaliation should not stop you from filing a workers’ compensation claim. Be familiar with local regulation and seek competent legal advice if a threat of job loss exists. Workers’ compensation policies vary from state to state, but most laws are not designed to inhibit workers from accessing the benefits for which the plans were designed.
Employer Insurance is Usually not Optional
1- U.S Businesses are generally obligated to purchase workers’ compensation insurance to cover injured employees. Still, employers do not want claims filed because that generally translates to increases of insurance premiums.
2- Depending on the nature of the claim, employers may have the option to hire a permanent replacement to fulfill your job duties. The Family and Medical Leave Act plays a role in this decision, but businesses that consistently maintain less than 50 employees may be exempt from that regulation. Specific rules apply to an employer‘s release of your job to new candidates, and with proper legal support, employee replacement can be challenged.
A Claim is not a Lawsuit
3- A workers’ compensation claim is not a lawsuit. It is a formal process by which employees can be made whole following a reduction in capacity due to work mishaps. Civil lawsuits can ensue if an employer becomes uncooperative or belligerent when faced with a claim.
Depending on your employer’s disposition, filing a claim can be an unnerving and intimidating process. Click on this website of an employee comp attorney in Wilmington, to get more information on the relationship between workers’ comp claims and continued employment.