At the Law Office of Mitchell A. Kline, we understand the trepidation that comes with the decision to file a workers’ compensation claim. The fear of repercussions, from job loss to future employment prospects, can be overwhelming. However, armed with the right information and legal support, navigating the workers’ comp landscape can be a less daunting process.
Understanding Workers’ Compensation
Workers’ compensation is designed to protect employees who are injured on the job, ensuring they receive the medical care and financial support needed during recovery. It’s a safety net, but misconceptions about the process can deter workers from filing a claim.
Filing a Third-Party Insurance Claim
First and foremost, it’s crucial to dispel the myth that filing a workers’ comp claim is akin to suing your employer. This is not the case. In reality, you’re filing a claim with a third-party insurance company. All U.S. companies with employees are required by law to have workers’ compensation insurance. Therefore, your claim should not directly affect your employer, although it may influence their insurance premiums if multiple claims are filed within a short period.
Future Employment Concerns
Many injured workers worry about how a workers’ comp claim might affect their future job prospects. Let’s set the record straight: it is illegal for an employer to discriminate against you for having filed a workers’ compensation claim in the past. The Americans with Disabilities Act (ADA) prohibits such discrimination. While employers can set job requirements that might indirectly relate to previous injuries, they cannot legally inquire about past workers’ comp claims during the hiring process.
Retaliation Is Illegal
Another significant concern is the fear of retaliation from the current employer. Rest assured, workers’ compensation retaliation is against the law. Employers cannot fire or take adverse actions against you for filing a claim. If such retaliation occurs, you have the right to seek further compensation through legal action.
Navigating the Process with Legal Assistance
Despite these protections, the process of filing a workers’ comp claim can feel complex and intimidating. That’s where the assistance of a dedicated workers’ comp attorney comes into play. From ensuring your claim is filed correctly to advocating on your behalf in case of disputes, the right legal support can make all the difference.
Will My Employer Hold My Job for Me?
Job security is a common concern among those considering a workers’ comp claim. Most states have laws in place to protect your position, barring extreme circumstances. Your attorney can provide specific advice based on your situation and state regulations.
Will a Workers’ Comp Claim Appear on a Background Check?
In some states, workers’ comp records are public, which means potential employers could see that you’ve filed a claim. However, they cannot legally refuse to hire you based on this information alone. Transparency and honesty about your work history and recovery process can mitigate any concerns during the hiring process.
Discuss Your Workers Comp Claim
The fear of filing a workers’ comp claim is understandable but should not deter you from seeking the benefits you deserve. At the Law Office of Mitchell A. Kline, we are committed to guiding our clients through every step of the process with confidence and clarity. Our goal is to ensure you receive the necessary support to heal and move forward, both professionally and personally.
If you’re hesitant to file a workers’ comp claim due to fear of the unknown, let us help illuminate the path ahead. Contact us today for a consultation, and take the first step towards securing your health and future.
