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Top 5 Reasons People Avoid Filing Workers’ Compensation Claims


In Vermont, all employers are required to purchase workers’ compensation insurance. Workers’ compensation coverage is meant to protect individuals who suffer injuries or illnesses while on the job. While the workers’ compensation system is designed to offer financial support to injured and sick employees, there are times when people may contemplate avoiding filing for workers’ compensation. As workers’ compensation attorneys, we hear from people who have different reasons for avoiding pursuing a workers’ compensation claim. In this article, we share some of the top reasons why injured or sick employees may choose not to pursue a workers’ compensation claim.

  1. Not Wanting to Sue the Employer

One of the top reasons people avoid filing workers’ compensation claims is that they do not want to sue their employer. You may be worried you will strain your relationship with your employer if you sue them. Well, if this is your reason for contemplating avoiding filing a workers’ compensation claim, you should know that you are not required to sue your employer to receive benefits. In fact, the workers’ compensation system does not even allow injured or sick employees to sue their employers. Seeking workers’ compensation benefits simply entails filing a claim with your employer’s workers’ compensation insurance company. Not suing your employer.

  1. Not Understanding Their Rights

Some employees choose not to file a workers’ compensation claim because they think that if they did something that contributed to them suffering their injury or illness, they are barred from pursuing benefits. Workers’ compensation is a no-fault system. Employees are allowed to seek compensation regardless of fault.

  1. Fear of Being Fired and Other Negative Repercussions

Many people worry that if they file a workers’ compensation claim, they will be fired. Or maybe you are concerned that if you file a workers’ compensation claim, your pay or hours will be reduced, or you will be demoted. Taking an adverse action against an employee because they filed a workers’ compensation claim is called retaliation. Retaliation is illegal. If an employer fires you or takes another adverse action against you for filing a workers’ compensation claim, you could file a retaliation claim against them and seek justice and compensation.

  1. Believing They Cannot Afford an Attorney

Some people avoid filing for workers’ compensation because they believe they cannot afford an attorney. If you are worried that you can’t afford a workers’ compensation lawyer, you should know that most workers’ compensation lawyers are paid on a contingency fee basis. This means that an attorney gets paid after they secure compensation for their client. After securing compensation, they take a percentage of the settlement amount. If an attorney does not secure compensation for their client, they are not paid.

  1. The Belief That the Injury or Illness Is Not Serious Enough

Some people avoid seeking workers’ compensation benefits because they believe the injury or illness is not severe enough. After suffering a work-related injury or illness, you may not fully understand how it impacts your life. When you hire an attorney with experience dealing with injuries or illnesses like yours, they can help you understand how your injury or illness could affect your life.

Contact Us for Legal Help

If you have suffered an injury or illness while on the job, contact our qualified Vermont workers’ compensation attorney at Sluka Law PLC for legal help.

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