Dumb luck does not discriminate; accidents can happen to anyone. That is why the law requires employers to carry workers’ compensation insurance and to pay for the treatment of accidental injuries that employees sustain on the job. Even though carrying workers’ compensation insurance is a legal requirement, and even though insured employers do not pay their injured workers’ medical expenses out of pocket, employers sometimes try to intimidate injured employees out of filing workers’ comp claims, and sometimes they retaliate against them for filing the claim.
Retaliating against an employee for filing a workers’ compensation claim is as illegal as retaliating against an employee for filing a discrimination complaint. You have the right to sue your employer for unlawful retaliation if they take an adverse action against you for filing a workers’ compensation claim. The Bozeman retaliation for filing a workers’ comp claim lawyers at HKM Employment Attorneys LLP, can help you if your workers’ compensation claim strained your relationship with your employer.
What is Workers’ Compensation?
Workers’ compensation is where employers pay for the treatment of injuries that workers sustain in the workplace while they are on the clock. The workers’ compensation system is based on the fact that workplace accidents are a natural consequence of work, just as accidental vehicle damage is a natural consequence of driving. Therefore, most employers must carry workers’ compensation insurance just as all drivers must have liability insurance.
Another manifestation of this is that workers’ compensation claims do not require you to prove that your employer’s negligence caused your injury. In other words, you got injured because accidents happen. These are some common scenarios in workers’ compensation claims, and it is easy to see why these are predictable mishaps associated with the job:
- A flight attendant tripped over a passenger’s carry-on luggage that was protruding into the aisle
- A mover strained a muscle in his back while lifting a heavy piece of furniture
- A teacher got injured while breaking up a fistfight between students in the schoolyard
- A secretary got carpal tunnel syndrome after typing thousands of words every day for decades
The workers’ compensation system is designed to prevent costly lawsuits. When customers get injured at a place of business, they can often recover compensation by filing a premises liability lawsuit against the business. To prevail in their claim, they must prove that the cause of the accident was a known hazard that the employee could have prevented and therefore was responsible for preventing.
All employers except the smallest businesses must carry workers’ compensation insurance. Employees who receive a W-2 form unambiguously have the right to workers’ compensation benefits, but the situation is more ambiguous with independent contractors who get a 1099. If one company has subcontracted a project to another company, the original company may be responsible for paying the workers’ comp claim of an injured worker whose direct employer is the subcontractor. These kinds of claims are common in the construction industry, where it is common for the main contractor to subcontract aspects of the work to other companies. They also occur frequently in hospitals that rely on staffing firms to supply nurses and other personnel.
Why Workers’ Compensation Claims are a Thorn in Employers’ Sides
Filing a workers’ compensation claim is supposed to be simple, but sometimes employers make it difficult. Workers’ comp benefits cover all treatment associated with the work injury. This includes emergency room visits, hospitalization, surgery, outpatient doctors’ office visits, prescription drugs, medical devices, and physical therapy. For serious injuries that require the employee to stay out of work for an entire pay period or more, or that require the employee to modify his or her duties upon the employee’s return to work, workers’ comp even pays partial or total disability benefits, which replace a portion of the injured worker’s lost income. All of this costs employers a lot of money, and employers, like insurance companies, care more about their bottom line than they do about your health or financial stability.
Therefore, employers often challenge workers’ comp claims, or parts of them. For example, the employer might argue that the injury is not work-related. If everyone saw you fall from a ladder at work, the employer cannot deny that you got injured in a work accident, and would not take issue with paying for the treatment of the acute injuries. If you suffer from chronic pain that requires treatment, though, your employer might argue that your residual symptoms are not from the work injury; instead, they are from an old injury from before you started working here, or because you are old and obese, or whatever excuse the employer can think of.
Even if the employer acknowledges that your symptoms are the result of the work injury, they might argue with you about what treatment you need. Remember that workers’ comp doctors are working for your employer, not you. For example, they might insist that injections are the best treatment for your claim, even though you think you need surgery, because surgery is more expensive. You have the right to get a second opinion through workers’ comp, but it is a time-consuming process.
Filing a Workers’ Compensation Claim About a Work Injury is a Protected Activity
Filing a workers’ compensation claim after you suffer an acute injury at work or after you receive a diagnosis of an occupational disease, as legally recognized for your occupation under Montana law, is a legally protected activity. This means that it is against the law for your employer to retaliate against you for filing a workers’ comp claim. Retaliation can take the form of your employer bullying you or threatening you, or it can take the form of clearly documented adverse actions, such as demoting you or reassigning you to an unpleasant set of tasks.
Contact HKM About Employer Retaliation
The Bozeman employment lawyers at HKM Employment Attorneys LLP can counsel you about employer retaliation claims arising from workers’ compensation claims. Contact the employment lawyers at HKM Employment Attorneys LLP in Bozeman, Montana, to set up a consultation.
