A workplace injury is already stressful without having to fight your employer just to file a workers’ comp claim. Unfortunately, some employers actively discourage their injured employees from making claims.
Under Florida law, your employer cannot legally prevent you from filing for workers’ compensation benefits via threats, coercion, intimidation or retaliation – but that may not stop some from trying, anyhow.
Why and how employers discourage workers’ comp claims
Employers have several reasons to dislike workers’ compensation claims. Too many claims and their insurance premiums can rise. Workplace safety records might be inspected. There may be issues with worker misclassification that the employer is trying to hide.
Some employers try to avoid workers’ comp claims by:
- Telling workers their injuries aren’t serious enough to justify filing a claim and implying that claims cannot be pursued without permanent injury.
- Suggesting that employees “want to avoid workers’ comp” and let the company handle their medical expenses privately.
- Encouraging injured employees to use their own health coverage rather than workers’ compensation, including asking them to lie when seeking treatment about the source of their injuries.
- Warning or implying to employees that filing a workers’ comp claim could cost them their jobs, promotions, overtime or other benefits.
- Refusing to notify the company’s workers’ compensation insurance carrier after an employee reports an injury and telling the employee they’re “waiting to see if it is necessary” as they pressure them to drop the claim.
None of these tactics eliminates an injured employee’s right to pursue benefits. In Florida, injured workers generally must report workplace injuries to their employers within 30 days. Employers are then responsible for reporting qualifying injuries to their workers’ compensation insurance carriers. If your employer refuses to make a report, you can contact the insurance carrier directly.
Keep copies of any written injury reports, emails or text messages discussing the accident and make notes of your employer’s statements and actions. Your employer doesn’t get to decide whether you’re entitled to workers’ compensation. If you’re injured on the job, you have the right to seek experienced legal guidance, as well.