Whether it’s subtle pressure, outright denial, or fear-mongering, few things feel worse than knowing you’re entitled to workers’ compensation benefits while being discouraged or threatened when you try to file a claim. This could leave you wondering, “What if my company doesn’t want me to file a workers compensation claim?” With the help of a Hickory workers’ compensation attorney, you can get the answers you deserve.
The Pressure Is Real: Why Some Employers Push Back
Reporting an injury isn’t always welcomed with open arms. Instead of support, employees are met with pushback, excuses, or even intimidation tactics. In 2023, 90% of all OSHA complaints were workplace injuries, accounting for one death every 99 minutes and over $176 billion in injury claims.
It’s a situation no one expects, but unfortunately, it’s more common than you might think.
Some companies might:
- Downplay your injury
- Say it’s not that serious
- Suggest using personal time off instead
- Delay filing your paperwork
- Ask you to wait and see before doing anything official
- Imply you’ll lose hours or your job if you pursue a claim
When employers discourage claims, they aren’t just avoiding paperwork. They’re violating not only your trust but also the law.
Your Right to File: What the Law Says in North Carolina
In North Carolina, you have the legal right to file a workers’ compensation claim if you’re hurt on the job. It doesn’t matter if your employer tries to talk you out of it, downplays your injury, or drags their feet on the paperwork. You’re still entitled to receive benefits, so you can move forward.
Workers’ compensation laws are in place to protect employees, not to make things easier for companies. Once you’ve been injured at work, you have every right to report it and get the medical care and wage support you need.
Your employer is legally required to carry workers’ comp insurance if they have three or more employees, and they’re expected to report your injury, not bury it. If they refuse to cooperate or try to block your claim, you can still file directly with the North Carolina Industrial Commission by using the appropriate forms.
Document Everything, Even If It Feels Awkward
When something feels off after a workplace injury, it’s easy to second-guess yourself. However, keeping a detailed record can make all the difference, even if it feels uncomfortable. Documenting what happens provides you with a clear timeline that can protect you later if your claim is challenged. Documentation can include:
- Conversations about your injury
- Any refusal to provide paperwork
- Attempts to steer you away from filing
- Witness names or statements
- Emails or texts related to your claim
It might seem excessive or even paranoid to jot down every conversation, but when a claim turns into a dispute, your notes could become your strongest evidence. You don’t need to make a scene. Simply keep track because that quiet paper trail may be the key to getting the benefits you deserve.
You Don’t Need Your Employer’s Permission
A lot of workers think they must wait for their employer to approve a workers’ comp claim, but that’s not how it works. If you’re hurt on the job, you have the right to file a claim, whether your boss likes it or not. They can’t block you from reporting the injury, and they don’t get to decide whether it moves forward.
What a Workers’ Compensation Attorney Can Do for You
When you’re dealing with a workplace injury and an uncooperative employer, it can feel like you’re dealing with a situation that’s way over your head. That’s where having a workers’ compensation attorney can make a real difference. They know how the system works and can step in when things start to go sideways. If your company is actively trying to block your claim, a legal advocate can help by:
- Filing your claim directly with the North Carolina Industrial Commission
- Communicating with your employer or insurer on your behalf
- Gathering medical evidence and witness testimony
- Ensuring deadlines are met
- Advising you on potential retaliation claims
Trying to handle a claim on your own is tough enough without added stress from your employer. Having an attorney in your corner means you don’t have to navigate it all alone. From dealing with insurance companies to protecting your rights every step of the way, they’ll help you focus on what matters most: your recovery.
FAQs
Q: Can I Still File for Workers’ Comp if I Didn’t Report the Injury Right Away Because My Employer Told Me Not To?
A: You can still file a claim even if you delayed reporting your injury because your employer discouraged you from doing so. North Carolina law generally requires that you notify your employer within 30 days of the injury, but courts can be understanding if you can prove the delay was due to your employer’s interference or intimidation.
Q: What Happens if a Supervisor Offers to Personally Pay My Medical Bills?
A: If a supervisor offers to cover your medical bills outside of workers’ compensation, it might seem helpful, but it can hurt your claim. Accepting personal payments can jeopardize your right to receive benefits and could allow the employer to avoid officially reporting your injury. Always insist on reporting the injury through proper channels to secure the benefits you deserve.
Q: Could Filing a Claim Expose Unsafe Conditions at My Workplace?
A: Filing a workers’ compensation claim could expose unsafe conditions at your workplace. While that could create temporary tension, it often triggers inspections and safety improvements that can protect other workers. Employers are legally obligated to provide a safe environment, and reporting your injury can help ensure that they follow through.
Q: If I Quit My Job, Can I Still Receive Workers’ Comp for an Injury That Happened While I Was Employed?
A: You can quit your job and still receive workers’ comp for an injury that happened while you were employed. You’re still entitled to medical treatment and potentially wage loss benefits, depending on your situation. However, how quitting affects your claim can vary, so it’s wise to consult with a workers’ compensation attorney before making any decisions.
Hickory Workers’ Compensation Lawyer
Don’t let fear or pushback from your employer keep you from the benefits and support you need. If your company is blocking your workers’ compensation claim, it’s time to act. At M. Reid Acree Jr., Attorney at Law, we’re ready to provide the guidance and support you need so you can stand your ground and secure your future. Contact us today to schedule a consultation.