Common Dirty Tricks Employers Use in Workers’ Compensation Cases

After sustaining a work-related injury, an employee has the legal right to file a workers’ compensation claim and recover benefits. If you have suffered a job-related injury, you expect your employer to comply and help you obtain the compensation you deserve. Many employers fulfill their obligations under the law and help injured workers recover the workers’ compensation they deserve. Unfortunately, some employers do not play fair when it comes to workers’ compensation claims. Some employers resort to unfair tactics designed to help them get out of paying out workers’ compensation claims. Even the most credible employers can employ tricks to undermine workers’ compensation cases. Below, we look at some of the common dirty tricks employers use in workers’ compensation cases.

Failing to Report the Injury on Time

In Vermont, you are required to inform your employer immediately or as soon as possible after you suffer a work-related injury. After you report your injury to your employer, they are required to report to the Department of Labor within 72 hours. Your employer may fail to report your injury to the Department on time. This may give the workers’ compensation insurance company leverage to deny your claim. Some employers fail to report the injury at all and claim that the employee never reported the injury to them.

Note: In Vermont, if an employer does not report a worker’s injury, the worker can contact the Department of Labor and report the injury themselves.

Misreporting the Injury

After your employer reports your injury to the Department of Labor, they should give you a copy of the report they file. It is vital to scrutinize this report closely to ensure that the facts listed in it match the facts of your case. Some employers misreport facts. For instance, some employers downplay the severity of the employee’s injury, making it appear less severe than it actually is.

Disputing the Injury’s Work-Relatedness

Workers’ compensation is only available to employees who suffer injuries while on the job. Injuries that are not work-related are not covered under workers’ compensation. To get out of compensating you, your employer might argue that your injury is not work-related. For example, they may claim that your injury happened outside of work hours.

Threatening Retaliation

Another common tactic employers use to get out of paying workers’ compensation claims is threatening to take adverse employment action against an employee if they file a workers’ compensation claim. For example, an employer might threaten to fire you, demote you, or reduce your pay. If an employer makes such threats, remember that retaliating against an employee for filing a workers’ compensation claim is against the law. Such a tactic is only meant to make you feel scared and discourage you from pursuing workers’ compensation benefits.

Misclassifying Employees

Workers’ compensation is only available to workers deemed to be employees. Workers who are considered independent contractors are not covered under workers’ compensation. Some employers intentionally misclassify employees as independent contractors to avoid paying workers’ compensation benefits.

Contact a Vermont Workers’ Compensation Attorney

If you have sustained a work-related injury, contact our skilled Vermont workers’ compensation attorney at Sluka Law PLC. We can help you fight back against your employer and their insurance company.

Source:

labor.vermont.gov/workers%E2%80%99-compensation/injured-workers/claims-filing#:~:text=Your%20employer%20must%20report%20to%20the%20Department%20within%2072%20hours%20of%20receiving%20notice%20of%20your%20injury%20if%20that%20injury%20results%20in%20medical%20care%20or%20an%20absence%20from%20work.