What To Do if Your Employer Pressures You Not To File a Claim
Getting hurt at work is stressful enough. You’re dealing with pain, missed income, and uncertainty about your job and future. Workers’ compensation exists to ease that burden by covering medical care and a portion of lost wages. Unfortunately, some injured employees face pressure from their employer to “let it go” or to avoid filing a claim. If that happens, knowing what to do can protect your health and your financial future. Read on to learn the steps you should take.
Is Your Employer Trying To Stop You From Filing?
Workers’ compensation is a no-fault system. In Vermont, all employers are required to carry workers’ compensation insurance, and injured employees have the right to use it. While claims may be inconvenient or costly for employers, discouraging or intimidating a worker from filing is illegal.
The pressure not to file can be obvious or subtle. Some employers directly tell workers not to file. Others suggest “taking a few days off,” paying medical bills out of pocket, or handling things “internally”. No matter how it’s framed, the message is the same: don’t file. That’s a red flag.
Common Pressure Tactics Injured Workers Face
Employer pressure doesn’t always come as a threat. It can show up in quieter ways, such as:
- Hinting that your job could be at risk if you file
- Cutting hours or reducing pay after you report an injury
- Suggesting that your injury may hurt your chances of promotion
- Delaying or refusing to give you the claim paperwork.
These actions are illegal, even if the employer never says the words out loud. If something feels wrong, it most likely is.
Steps To Take if Your Employer Is Pressuring You Not To File
Below are the steps to take if you’re facing pressure not to file a workers’ comp claim in Vermont:
- Document Everything, Even if It Feels Uncomfortable
Keeping records is paramount. Write down conversations about your injury, dates and times of comments made, who was present, and what was said. Save emails or messages related to your injury or claim. If coworkers witnessed the pressure, note their names. Keeping a paper trail can protect you if your claim is later challenged.
- Get Medical Care Right Away
Your health comes first. Seek medical treatment soon after getting injured, even if your employer downplays the injury. Medical records create an official link between your injury and your job, which is critical when pursuing benefits.
- Know Your Rights
When you are injured at work, you do not need permission to file a workers’ compensation claim. Your employer cannot legally block you from reporting an injury or punish you for reporting it. You have the right to workers’ compensation benefits regardless of who caused the accident.
- File the Claim Anyway
If you’re injured at work and your employer is refusing to file your claim or is pressuring you not to file, you can file it on your own. You don’t have to wait for your employer’s approval. Waiting can put your benefits at risk because workers’ compensation claims are subject to strict reporting deadlines. Consider working with a workers’ compensation attorney to help you file the claim properly, communicate with your employer or their insurance company, and guide you through the process.
Contact Us for Legal Help
If your employer is pressuring you not to file or retaliate after a work injury, contact a skilled Vermont workers’ comp lawyer at Sluka Law PLC today.
Source:
labor.vermont.gov/workers-compensation
