Through the worker’s compensation system, employers are insured against injury claims by workers, so long as they provide benefits in case of a workplace injury. As long as employers pay the premium to keep this system implemented, the injured worker cannot sue for further damages.
Although this seems like a fair tradeoff, some employers act in bad faith in order to avoid paying out what is rightfully due to their workers and may even discourage severely injured individuals from filing workplace injury reports at all. Their tactics include manipulating their workers, feeding them false information, and even humiliating them in front of co-workers.
The Houston oilfield accident lawyers at Lapeze & Johns are ready to fight for you if you have been injured in an oilfield incident. Do NOT let your employer take advantage of you.
6 Ways Your Employer May Attempt to Stop You From Filing a Work Injury Claim
1. Insisting on an “Independent Medical Evaluation”
Some employers may try and force you to see a company-referred doctor. However, this may prevent you from getting the appropriate medical attention and diagnoses.
You have rights and your choice of physician is certainly one. Consult a personal injury attorney to learn more about what rights you have when filing a workplace injury.
2. Attempting to Delay Your Action to File a Claim
The longer you hold off on reporting your injury and filing your claim, the harder it can become to retrieve any compensation for your injury. Even when your report and filing are already delayed, an employer may try to further deter you from taking any further action in order to completely inhibit your chances of recovering damages.
It’s best to report an injury as soon as you can, within 24 hours if possible, and document every conversation and interaction with medical professionals, the insurance company, and your employer, as well as the progression of your injuries during the entire situation.
3. Threatening You with Disciplinary Action
In some instances, your employer may attempt to twist the situation so that you appear in the wrong. They may try to reassign blame or fault in order to make it appear as if you were negligent and responsible for your own injury.
Furthermore, they might threaten you with formal discipline in order to stop you from reporting your injuries. The employer may even attempt to pull up your work history and claim that you have an unreasonable record of workplace accidents.
Remember your rights in this situation and consult a lawyer if you are not sure how to protect yourself.
4. Putting Your Job on the Line
Some individuals that experience a workplace injury become hesitant of reporting because they are told they will lose their job if they do so. This will understandably evoke the fear of facing substantial economic loss if you seek compensation for your pain and suffering.
In other situations, some employees are forced to go back to work before completely healing in order to stay employed. These tactics make workers anxious about job security and are a scheme negligent employers use to manipulate injured workers.
5. Embarrassing You in Front of Co-Workers
Truly criminal employers will have no shame in making you look like the bad guy for getting injured while on the job. They may suggest you are simply being dramatic or outright lying for seeking damages to recover from your accident.
It can be terrifying and embarrassing to get accused of malicious lies in front of your co-workers. These underhanded tactics are unprofessional and unfair to those suffering from serious injuries.
6. Providing You with Misleading Information to Get You to Settle
The insurance company or the employer themselves may feed you false facts and misleading information to trick you into thinking their offer is the only settlement available.
Know that if the company is trying to get you to settle immediately, this is most likely not the best offer, and they are trying to get you to settle for a lower amount than what you are actually eligible for.
Always be aware of your rights, seek help from a knowledgeable attorney, and do not settle for low-ball offers.
Rights You Are Entitled to as an Injured Worker
As a worker that has been injured on the job, you have certain protections as per the Workers Compensation Injured Workers Bill of Rights. You should keep these rights in mind in order to avoid employer manipulation:
- Seeing a physician of your choice or switching within 30 days of treatment.
- The right to a prompt hearing within 90 days of a request.
- Privacy of your medical records and history.
- Compensation to seek appropriate medical treatment and vocational rehabilitation benefits to aid in recovery.
- Dignity and fair treatment by employers and other co-workers.
Workers are entitled to their just due and should be given appropriate compensation, as well as time off to recover from their workplace accident. Negligent employers are wrong for trying to cheat their way out of paying damages and these injustices must be addressed.
Gulf Coast Oilfield Accident Attorneys That Can Help You Get Fully Compensated
The best way to avoid the schemes and manipulative tactics used by negligent employers that try to evade payout is to seek the expert knowledge of the Gulf Coast personal injury attorneys at Lapeze & Johns. Know that you are entitled to recover damages that can pay for the pain, suffering, and expenses that come along with a workplace injury.
Contact Lapeze & Johns today at 713.739.1010 for more information on how to get full compensation to aid in your recovery.