MYTH VS. FACT: What Can Your Employer Do After You’ve Filed a Claim?

If you’ve been injured on the job, you probably want to file a workers’ compensation claim so you aren’t stuck with out of pocket medical expenses. We’ve all heard horror stories about employers who fail to file claims, or refuse to pay claims that are filed. This may have you wondering what your employer can do after you’ve filed a claim.

Let’s take a look at some of the myths and facts related to your employer and workers’ compensation claims.

What Can Your Employer Do After You’ve Filed a Claim?

Myth: Only large corporations are required to have workers’ compensation insurance.

Fact: Every state (with the exception of Texas) requires most employers to carry workers’ compensation insurance. This should provide employees with assurance that an on-the-job injury will be covered without having to file a lawsuit to recover medical expenses.

Myth: Most workers’ compensation claims are fake, or fraudulent.

Fact: According to research from the University of Michigan, only two percent of workers’ compensation claims are fraudulent. Employers can dispute the validity of the claim, but ultimately, medical records will speak for themselves.

Myth: Once a claim is filed, your employer is “off the hook”.

Fact: Once you file a claim, your employer’s role is significant. Your employer should keep in touch with you about your progress, and monitor when you will be able to return to work.

Myth: My employer can fire me for filing a workers’ compensation claim.

Fact: It is illegal for your employer to retaliate against you in any way after you file a workers’ compensation claim. Employers cannot legally terminate an employee without reasonable cause, which filing a workers’ compensation claim is not.

Myth: You cannot file a claim unless your employer was at fault for your injuries.

Fact: Your employer may tell you this to deter you from filing a claim, but it simply isn’t true. Workers’ compensation is a “no-fault” system, meaning that you can receive compensation for your injuries regardless of who was “at fault”.