Why Would Someone Hesitate To File For Workers’ Compensation

Categories: Uncategorized

Workers’ Compensation Lawyer

Some jobs carry more risk than other jobs. However, whether you’re filing paperwork in an office or unloading freight in a warehouse, getting injured is always possible. While it would be nearly impossible to eliminate every injury risk on the job, it’s possible to change how we deal with these injuries. In New York, many workers are entitled to workers’ compensation. Filing a claim can help you recover following an injury by paying for medical costs and lost wages. However, sometimes people are hesitant to file a claim, and we’ll explore potential reasons why. 

  1. They Don’t Believe Their Claim Is Strong Enough 

Proving an injury stemmed from your workplace can sometimes be challenging. Furthermore, linking an illness to a factor such as exposure to chemicals while on the job is even more challenging. Some workers simply don’t believe they have a strong enough case, and instead of trying to get workers’ compensation, they would instead make other arrangements. Working with an attorney can alleviate these fears. 

  1. They Don’t Want To Risk Blowback From Their Bosses

Ideally, any workplace, boss, and supervisor will treat a workers’ compensation claim professionally. Regardless of the outcome, they won’t let such a claim impact the working environment. But, unfortunately, that’s not our world, and sometimes workers may fear backlash. For example, a job might threaten to punish them if they submit a claim by doing actions like: 

  • Cutting their hours
  • Placing them in an unfavorable job or position 
  • Changing their schedule so that it’s inconvenient for them 
  • Docking their pay 
  • Promoting another employee, even when the first worker deserved the promotion
  1. They Don’t Want To Risk Blowback From Fellow Employees

An employee can face blowback from their fellow employees for submitting a claim. Many employees will understand why a person submitted a workers’ compensation claim, especially since they may already be familiar with the workplace’s conditions. However, some employees might fear that an employee submitting a workers’ compensation claim may negatively impact them. For example, they may fear the workplace becoming more strict. 

  1. They Don’t Believe They Have A Chance To Win 

Even when there’s clear evidence that a worker was injured due to no fault of their own, proving this can be another case altogether. Unfortunately, some workplaces and insurance companies may employ less than savory strategies to get out of paying. They may claim that the worker already had a preexisting condition, that they were “horseplaying” around, violated safety codes, etc. 

  1. They Believe Hiring An Attorney Would Be Too Expensive 

After filing a workers’ compensation claim, it can feel like the whole world is against you. Hiring an attorney is one way to tilt things back in your favor. However, many people probably assume that an attorney would cost too much. The truth is that many workers’ compensation lawyers operate under a contingency fee. This means instead of you paying upfront, they handle all immediate costs and then receive a percentage of the final settlement or court award—and only if they win your case. For hiring a NY workers compensation lawyer, our friends at Hurwitz, Whitcher & Molloy, LLP recommend someone with plenty of experience.