The workers' compensation system is in place to protect both employees and employers. For a small premium, employers are insured against injury claims by providing wages and medical benefits to injured workers. In turn, employees receive these benefits and are unable to sue the employer for further damages. It sounds like a win-win situation, right? Unfortunately, some employers don't think so.
Shady employers often use intimidation techniques to keep employees from filing for workers' compensation benefits. Why? They're afraid their insurance premiums will go up. Here are some of the most common tactics used by employers to discourage claims.
Forcing Employees to Get "Independent" Medical Evaluations
Most employers will accept evaluations from any qualified medical professional, but some employers insist on using doctors and professionals from their own lists. They're often referred to as "independent medical evaluations," but in reality, these medical professionals are chosen and paid for by the employer, and thus, have a vested interest in protecting the business's interests. Being unable to use their own doctors may discourage some employees from filing claims, either out of concern that their injuries won't be taken seriously or that they won't be given the treatments they need.
Engaging in Hostile Behavior When Employees Return to Work
While some employers do adhere to the law and allow employees to file claims, they retaliate by being hostile upon an employee's return to work. The employee may be made fun of or put down in front of other employees. Another form of hostile behavior is making it difficult for the employee to work. For example, someone who is unable to work weekends because of family obligations may find themselves stuck with weekend shifts upon returning to work. Businesses that have a reputation for engaging in such tactics make it difficult for employees to file claims. After seeing or hearing about other employees being mistreated after reporting work-related injuries, others will be less likely to do so in the future.
Making It Difficult to File Claims Because of Bonus Incentives
Bonus incentives are wonderful for motivating employees to work harder, but they can be used in bad ways. In some workplaces, bonuses are offered for a certain number of weeks, months, etc. without injuries. While it seems innocuous enough, such a policy would put pressure on employees not to report workers' compensation claims because other employees want their bonuses. This type of system uses peer pressure to discourage reporting injury claims.
Looking for Reasons to Write Up and Terminate Employees
Finally, some employers look for a reason—any reason—to write up an employee who has filed a claim. Most employers won't risk firing without reason and leaving themselves open to a lawsuit, so they'll start creating a paper trail of complaints. Even employees who've been commended and awarded for their work in the past may find themselves being written up for minor infractions. When employers use this tactic, word gets around, making other employees fearful of reporting their own injuries. When an employee has to choose between a likely firing for reporting an injury versus keeping a job in a tough economy, keeping the job is usually top priority.
Employers who use these intimidation tactics try to make workers feel that they're better off not filing workers' compensation claims. But that's not the case. Your health is at stake. And not only that—your ability to work in the future is at risk if you do not allow yourself to recuperate from job-related injuries.
If you're a victim of employer intimidation, or if you feel you've been wrongfully terminated because of a workers' compensation claim, get more information by visiting an attorney. You may have legal recourse to get your job back, or you may be entitled to other benefits.
