Question:

Are employers afraid if a worker files for Workman's comp?

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Do they try to discourage one from filing, or retaliate if one does?

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4 ANSWERS


  1. They can not legally discourage or retailiate.

    Afraid, yes of course. The premiums that are already high could go even higher. It is a major expense for a company.


  2. Yes, typically they will discourage you, even though they're not supposed to. Some employers will offer ways around a worker's comp claim, but those options should be weighed. Some employers might retaliate, although this is highly illegal, so if you do file a worker's comp claim, you may want to document regularly for a while after wards, just in case.  

  3. They aren't petrified, but they don't love it.  If an employer pays at least $5,000 a year for workers comp, then the policy is rated based on claims that get put in.  

    But it's illegal to "discourage" someone from filing - the employer is required to give notice to the insurance company and/or the state department of labor, depending on state, within three days of learning of the incident.  

    Some employers might retaliate, of course, but I don't think it's really that common.

  4. ~~They aren't afraid and legally can't retaliate against you. However they do not have to hold your position for you and you may have to come back at a different pay level and a different job. They don;t want anyone to file a claim against the insurance because it raises their rates, and their insurance company can come in and assess working situation to be sure it's set up ergonomically correct and safety plans are in place. This can incur extra costs too.~~

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