How to Deal With Employer’s While on Worker’s Comp

Employers may not penalize or terminate an employee for the mere fact that they have filed a workers’ compensation claim. If they do, they may face serious civil or criminal charges. Unfortunately, there are no laws prohibiting employers from being jerks.

Maintain the “high ground”

Acting pleasant to your employer regardless of their demeanor can be daunting, but a necessary role in maintaining a good professional reputation. You may not want to allow yourself to get caught in a situation that could ruin your career just to make sure your thoughts are heard. Confronting someone at the office can be one be a really hard avenue to navigate. Make sure you keep your emotions under control.  

You may not always get the last word in – but realize that it is okay. Sometimes, however, it is best to take the high road and be professional, show that you are a team player, or avoid a tense situation. In the end, knowing when to let go is just as important as knowing when to stand your ground.

Follow up

Make sure you have all information regarding any and all Workers Compensation related hospital visits in a row and that they are properly submitted by your doctor under the client’s claim. Also, have an attorney review the claim to ensure that they receive all of the benefits to which you are entitled. Depending upon the state, the client might be entitled to more than simply payment of medical bills. If the client requires treatment in the future, mistakes one makes now from a legal standpoint might make it impossible to reactivate the claim later.

If an employee is injured, employers are responsible for making sure that a First Report of Injury, or another similar document, is completed and forwarded to the workers’ compensation carrier.

Still Having Trouble?

Administrative courts have always been an avenue for justice, but the time, money and costs can sometimes cause people to simply turn away.

Brāv is an online platform to manage conflicts, (www.brav.org) and are the first option to HRs’, schools’ and other organizations’ standard protocol to those in conflict.

1. Johnson tells us that “if a term is violated, we hash out issues as well directly on the site. Diverse functionalities are used, including masks for users to cover their faces in case they do not wish  to show themselves to those they are in conflict.” In addition, anyone can train in conflict management and they, in turn, manage the conflicts of others, directly on the site.

As Attorney Jeff Aresty states in an email, “courts will be using online dispute resolution for cases, and, what’s good for the courts is good for administrative hearings as well.” Thus, Brāv is a great alternative for those seeking justice…and the best part is? Meeting in the comfort of their own home.

Remember

Employers are responsible for making sure that you do not violate any laws or rights of the injured employee. If an injured employee needs medical attention for a serious injury, allow them to see the company doctor or leave work to see their own doctor.

You have rights if you are discriminated against as a member of a protected class: race, gender, religion, age, veteran. Other than that, to fire you, the employer does not need to have a fair reason, a good reason, or even any reason at all. Remember, you do not have to have any reason to quit your job, either.

Ultimately, employers are responsible for welcoming an injured employee back into the workplace once they are physically ready to resume employment.

Sources

http://www.expertlaw.com/library/comp_by…

Attorney Jeff Aresty

1. Johnson, MSW