Workers' compensation is an important safety net for those who get hurt on the job. It's there to provide a source of income and financial support when you're unable to work due to an on-the-job injury.
To qualify for workers' compensation, employees need to let their employers know that they've been hurt. Once they do that, they can begin the claims process. The trouble begins when an employer does not want the employee to file a workers' compensation claim.
What should you do if your employer won't let you file a workers' compensation claim?
Employers have a responsibility to their employees. Part of that responsibility is making sure to get the employee workers' compensation for any injuries that happen on the job.
If your employer refuses to file the claim, you can file it directly with the state's workers' compensation department. However, bypassing your employer is usually not necessary.
The bigger problem is getting a claim approved. The employer might believe that your own negligence or actions were to blame for the incident, but that doesn't limit your right to workers' compensation. In fact, you can usually obtain workers' compensation in every case where you're hurt, except for if you harmed yourself purposefully.
The state workers' compensation board is always on the lookout for instances of claim fraud. This is a problem that does happen, but it should not hinder you from getting workers' compensation when your claim is legitimate. Your attorney can help you appeal a claim rejection if it occurs, so you can begin receiving the benefits you need.