Can an employer force you to file workers comp?

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4 Answers

Jann Nikka Profile
Jann Nikka answered

I know you're required to file paperwork on your work site injury.

HappyTo BeHereTo Profile

If it's reasonable that your injury occurred elsewhere, few employers push the issue.  Workers Comp is extremely expensive for employers.  Just like your car insurance, claims jack their rates up.

Our personal experience is:  My husband is in martial arts, lifts weights, works on our property, and he has a physically demanding job.  When he had his two rotator cuff surgeries, there was no way to determine which activity was the cause.  There was no singular event, just wear and tear.

It behooved all parties to just use the medical insurance and short term disability insurance.  Since companies tend to bring employees on WorkComp back too early to keep down costs, Mr. Happy got better care & they didn't have a claim on their policy.  (Most important take-away here is that the cause of my husband's injury was unknown.  We were honest.)

If you KNOW you were injured at work, they WILL require you to file.  Failure to provide Workers Compensation Insurance to injured employees is illegal and extremely expensive for your employer.

Just be honest about your injury and follow the rules.

I sincerely hope you heal quickly and well.

Walt O'Reagun Profile
Walt O'Reagun answered

No ... But if you don't, you are not entitled to protection.  Especially in "at will" states.  You may also be ineligible for FMLA protection.

IE: If you take time off, and don't file a worker's comp claim - the employer can fire you for missing work. 

Arthur Wright Profile
Arthur Wright , Florida Paralegal with a BS degree in Social-Psychology, answered

Depends on the seriousness of the injury but either way you must file whats called the "1st 24 hour injury report" or the employer can refuse to pay your WC claim if the injury is serious. Usually if a employee who is injured is out more than two weeks, then is advised to file a WC claim which starts paying wages after 1 st week off. Employers will usually pick up medical bills if injury isn't serious but turns over to Insurance Company if injury is serious

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