1. Forcing you back to work. Their workers’ comp costs are higher if you miss more work. Workers may want to go back to work because they need their full pay check. Many workers are promised “light duty” but are given work that is bad for their injury.
2. Telling you to use your health insurance (instead of filing a workers’ comp claim). You have to say that the problem is not work related in order to use your regular health insurance. Later if you file a workers’ comp claim, your boss shows the form where you said that your injury was not work-related.
3. The insurance company adjuster tricks you. The insurance company doesn’t want to pay. Anything you say to the insurance company adjuster may be used against your claim. If the adjuster wants you to make a recorded statement, only give basic, brief information. The insurance company may also send you to their doctor. Even if it’s called a Independent Medical Exam – it’s not.
4. Spying to prove that you are not hurt. Hiring a private investigator to take pictures of you doing things that you said that you were too hurt to do. They will say that if you can wash your car, you can do physical work for a whole day. Be careful about what you do in public and what you say to your boss, supervisor, and coworkers about your injury and claim.
5. Lying about filing your claim. By the time a worker realizes that a claim was not filed, the time limit to file has expired.
6. Giving regular pay instead of filing a workers’ comp claim. A lot of workers are happy to get their regular wages (which is more than you get from workers comp), but then there is no record of a work related injury. Afterwards, if you are having trouble doing your job because of your injury, your boss can fire you. If you need more medical treatment later, it is not covered by workers’ comp.
7. Delaying until you give up. Refusing reasonable treatment for your injury, filing to end treatment, and arguing about every payment or treatment that you need.
8. Sending you to the company's doctor. Their doctor usually says that the injury is not so bad and may not be work-related. This can make it much harder to win your workers’ comp claim. If you can choose your own doctor, do it as soon as you are allowed. If you don’t have a regular doctor, get one quickly.
9. Avoiding documentation of the injury. Stop injured workers from going to the hospital or to the doctor, even if it means you don’t get treatment that you need. Not making an accident report.
10. Threatening workers if they file a claim. The law says that you cannot be fired for filing a workers’ comp claim. Remember - if you don’t file a workers comp claim and your injury makes it hard for you to do your job, your boss can fire you and you don’t have proof of your work injury. It will be too late to file for workers’ comp and with your injury it will be harder to find a new job.
11. Telling undocumented workers that they can’t collect. Workers are covered even if they don’t have authorization to work in the U.S. You will not be asked to show a green card. The Workers’ Comp office does not make reports to Immigration and Customs Enforcement (ICE).