When employees get injured on the job, they may seek out advice and/or opinions about worker's compensation. It is necessary for the employer to make sure information is readily available on this topic to cut out the myths before they start. When you become employed in a job that involves the increased risk of being injured, it is certainly in your best interest to be aware of what is fact and fiction when it comes to worker's compensation.
Can the Employer Treat the Employee Differently?
One common misconception is after you file a workman's compensation claim, your employer will treat you different or there may be repercussions from you filing. There may be some employers who may try to "punish" you for filing a claim, but they need to be careful because this behavior is illegal in most states. In Texas, for example, it is illegal for your employer to discriminate against you because you filed a worker's compensation claim.
If the employer in any way reacts to the employee's workman's compensation claim in a vindictive manner, the employee has grounds to sue. Examples of this can be termination from employment, reduced hours, or even just being harder on you than the other employees.
Can Any Lawyer Take a Workman's Compensation Case?
Some employees may believe that any lawyer can take on a workman's compensation claim, this is not true. There are many different divisions that lawyer can practice under, such personal injury lawsuits, criminal law, and many more. Therefore, there are some lawyers who only know certain aspects of the law. When searching for an attorney, it would be best to talk to at least two so you can get the most experienced one.
Is It So Complicated of a Process You Should Avoid It?
Filing a workman's compensation claim may seem like too difficult of a process to even bother, but as long as the employer has a proper procedure in place, the process should be pretty easy. This insurance was put into place to protect employees and employers; if you have been injured, be sure to file, because you may be out of work for a while and could be due for compensation.
An example of a good procedure is an employer who has signs posted outlining what an employee should do if an accident or injury occurs. In most cases, the human resource department of your job will have paperwork ready for you to fill out when an accident or injury occurs. The key is not to wait to make your employer aware of the incident and to fill out the paperwork in a timely manner.
Where Do You Go From Here?
The best way to get advice involving worker's compensation is to talk directly to a lawyer with worker's compensation experience. Getting secondhand advice from anyone else runs the risk of it being entangled with myths and/or partial truths. Click here for additional reading.