Common Fears Associated with Filing for Workers' Comp

Common Fears Associated with Filing for Workers' Comp

Every employee has the right to file a workers’ compensation claim if they become injured while performing their job. However, some individuals fear that filing a claim may negatively affect their job and life. The fear workers experience may be due to misinformation and listening to others who are not experienced in workers’ compensation law. Here are some reasons why many are giving up their workers’ compensation benefits when they shouldn’t have to.

Fear of Retaliation

Retaliation happens when an employer penalizes an employee for filing a workers' compensation claim or exercises any other protected right. The most common form of retaliation is termination of employment. Even though it is illegal for an employer to fire their employees for filing a workers’ compensation claim, it’s still something that is often feared.

Fear of Deportation

Undocumented immigrant workers have the right to file a workers’ compensation claim if they have sustained a work-related injury. Unfortunately, many do not exercise this right because they fear it may prompt deportation. If you are an undocumented immigrant worker and your employer has threatened to report you to ICE or fire you for filing a claim, this is considered retaliation. Undocumented workers who have sustained a workplace injury should speak to an experienced workers’ compensation attorney immediately so that they can be informed of all their rights.

Lack of Compensation

Workers who fear they will lose time or pay may forgo their right to workers’ compensation. The purpose of workers’ compensation is to provide benefits to injured workers to supplement their loss of time and compensation for their injuries. Each workers’ compensation case is different, but you may be eligible for one or more of these benefits:

  • Medical coverage
  • Partial or total temporary disability payments
  • Partial or total permanent disability payments
  • Rehabilitation

The process of filing a workers’ compensation claim can be taxing and confusing. Whether you’re filing a new claim or need assistance with an appeal, having an experienced Birmingham workers’ compensation attorney assist you with your claim can make all the difference. Let us ease your fears. Contact Spellen Law, LLC at (205) 810-2275 for a free case review.

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