Apr 20, 2023
Top 10 Reasons People Avoid Filing for Workers’ Comp — Should I File a Workers’ Compensation Claim?
Hansford McDaniel LLC see injured people who are too afraid to file a workers’ comp claim in Georgia. Many injured workers call law firms to ask questions about filling a claim after being injured on the job. Many injured workers call to find out if they can get into trouble for filing a workers’ compensation claim.
Some of our clients fear they may lose their jobs by filing a GA workers’ comp claim. Some injured workers even get deterred and drop their legitimate claims. Hansford McDaniel Law Firm understands the fear of filing a workers’ comp claim. Sit down with us for a consultation if you’re concerned about filing a workers’ compensation claim and we’ll help you understand your options.
Read on for more information about the top reasons people avoid filing a workers’ compensation claim. Remember — you’re not suing your employer when you file workers’ comp, you are filing against a third-party insurance claim. Our Georgia workers’ compensation lawyers can help you recover the benefits you deserve.
Fear of Losing Their Job
Many GA employees worry that if they file a workers’ comp claim, their employer may retaliate by firing them. You don’t have to be intimidated. The Georgia workers’ compensation system is designed to allow employees to claim benefits for accidents at work without costly lawsuits.
Firing an injured worker could lead to a retaliatory termination lawsuit. A retaliatory termination lawsuit can be more expensive for the company, especially if they lose. Contact Hansford McDaniel LLC if you’ve been wrongfully terminated from your job for filing an injury claim in Georgia.
Fear of Negative Repercussions
Some injured workers worry that filing a workers’ comp claim will damage their relationship with their employer and coworkers. They feel this can reduce their chances of getting promotions or new opportunities in the future. This is a common fear, and Hansford McDaniel Law Firm has experience supporting those client concerns and fears.
Don’t let the fear of retaliation prevent you from receiving the compensation you deserve for a work-related injury or illness. Workers’ compensation is designed to protect workers and foster a timely return to work. If you or a loved one has suffered a workplace injury or work-related illness, consult our GA workers’ compensation attorneys right away.
They Don’t Feel Their Injury Is Serious Enough
Some employees avoid filing a workers’ compensation and benefits claim because they feel their injury is not serious enough. They mistakenly think that they can manage the injury on their own. They may even balk at the process of filing an injury claim because it’s too much of a hassle.
When you are hurt at work, your injury can affect your work now and your future employment opportunities. If you hire a workers’ compensation attorney, they have experience with injuries like yours and know exactly how these injuries could affect your job situation.
They Don’t Know Their Rights
Georgia laws provide certain guidelines for injured workers. However, some employees may not be aware of their rights to workers’ compensation. Sometimes they may not understand the process for filing a claim. They may even be unaware of how much compensation they are entitled to receive.
Speak with Hansford McDaniel Law Firm if you’re unsure if you have the right to workers’ compensation benefits in GA. Doing so may change the trajectory of how your injury affects your family in the future.
They Don’t Want to File the Paperwork
Filing for workers’ compensation requires lots of forms, paperwork, and documentation. This may often become overwhelming for people trying to balance their injuries, family, and work life. Some employees avoid filing a claim simply because they don’t have time to deal with the paperwork. Our workers’ comp attorneys can help you through this process and ease your burdens.
They Want to Avoid the Process
The process of filing a workers’ comp claim can be lengthy and stressful. Some employees may avoid filing a claim simply because they don’t want to go through the process of working with the insurance company and their employer to get compensation.
Many claimants just want to have their medical bills paid. However, to get paid for your medical bills requires you to file a workers’ compensation claim. Once your medical bills begin to pile up as your treatment extends, workers’ compensation laws could make it so that you never see a medical bill.
According to GA law, if you have lost wages or are out of work for more than seven days, you are entitled to payments for your lost wages even before you settle your claim. The workers’ comp system is designed so that workers do not have to go through the financial hardship of dealing with lost income while juggling bills. If you’re worried about the process, contact Hansford McDaniel LLC to discuss if workers’ comp is right for you.
They Worry About Their Reputation
Many injured employees worry that filing a workers’ comp claim will make them look inadequate or unreliable. These concerns are common — many of us worry about how others in the workplace perceive us.
Some employees may even feel envious of an injured co-worker who is receiving benefits without having to come to work. These jealous attitudes can lead them to feel as though the injured worker is getting over on others. They may even accuse injured employees of faking their injuries.
Unfortunately, many injured workers feel reluctant to file for workers’ compensation benefits because they are embarrassed or ashamed. It’s normal to consider what others may think, however, Hansford McDaniel Law Firm will only concern themselves with what’s best for you. They will advocate on your behalf and do whatever is necessary to secure benefits on your behalf.
They Don’t Want to Be a Burden
Injured employees may avoid filing a workers’ comp claim because they don’t want to be seen as a burden to their employer or coworkers. They worry that their injury will cause problems for others in the workplace. This may be true, and some things may change after your injury.
However, it’s imperative to understand that workers’ compensation isn’t charity or welfare but a legitimate insurance program that’s meant to be used if needed. Most of us wouldn’t feel anything when we have to use our car insurance to pay for vehicle repairs after a crash. It’s okay to ask for help when you need it.
They Worry About the Cost
Injured workers and employees can worry about the cost of filing a workers’ comp claim, such as legal fees. They often concern themselves with whether they will have to pay out of pocket for some of the costs associated with the claim.
Most GA workers’ compensation lawyers get paid out of your injury settlement. This means you don’t owe us a penny unless you recover financial benefits for your injuries. At Hansford McDaniel Law Firm, your initial consultation is free. You pay nothing out of pocket, and there is no fee until we can help you recoup the benefits you deserve!
They Don’t Want to Strain Their Relationship at Their Job
Lots of injured employees avoid filing a workers’ comp claim out of fear they’ll strain their relationship with their employer. This can lead to worry that filing a claim will make their employer view them negatively. Employees have valid fears that their claim will damage their relationship with their supervisor.
Since workers’ compensation claims are brought against third-party insurers and not your employer, there’s no need to worry about your relationships. Filing for the workers’ comp benefits you’re entitled to by law is well within your legal right and doesn’t have to affect your job or relationships at all.
Workers’ Comp Requirements
All companies in Georgia with three or more employees must have workers’ compensation insurance by law. So when you file a worker’s compensation claim, you are not filing it against your employer but with a third-party insurance company.
Workers’ compensation claims do not directly affect your employer. There is a chance that their insurance premiums will go up. However, this will only drastically increase when there have been multiple accident claims over a short time. That’s not your problem. Hire a Georgia workers’ comp law firm that puts your concerns first.
Should I File a Workers’ Compensation Claim?
On-the-job injuries and illnesses happen every day in a variety of workplaces across the United States. Data from the U.S. Bureau of Labor Statistics reported 2.6 million nonfatal workplace injuries and illnesses in 2021.
Any worker injury that requires medical help beyond self-treating first-aid should be reported. If a worker seeks medical treatment and incurs a bill, they should file it.
Some of the most commonly compensated work-related injuries include:
- Back injuries (herniated disc)
- Broken bones
- Shoulder or knee injuries
- Muscle, tendon, and ligament damage or tears
- Concussions or any injury where an employee is rendered unconscious
- Injuries where bleeding cannot be stopped, such as an impalement, stab wound, or gunshot wound
Many employers even require their workers to report “near-misses.” These reports get filed to keep track of safety code violations. These are accidents where workers barely escaped serious injury, but a correction was put into place to prevent another similar accident from happening.
GA Statute of Limitations
Every state has different reporting deadlines for work-related injuries. Some are as liberal as two years, and others can be as strict as thirty days. Regardless, filing workers’ comp claims promptly can be a great course of action to being promptly and fairly compensated for your injuries.
The statute of limitations for workers’ compensation in Georgia is one year from the date of your accident. This means you must file a workers’ compensation claim within one year of the date of your accident if you are to qualify for compensation for your accident-related injuries and losses.
Filing a GA Worker’s Compensation Claim
Every GA employer is required to provide information to their workers on the name of their workers’ comp insurance carrier and where to go to seek medical treatment covered under the policy.
The business owner must also provide the employee with the correct forms to file for workers’ compensation, forms to report to the state workers’ compensation board, and information about their rights, benefits, and the process for returning to work. The business owner is also responsible for filing the claim with the insurance provider.
When filing claims, injured employees and their employers can expect to provide the following information to their workers’ comp providers:
- The company’s name and address
- The injured worker’s name, address, social security number, and date of birth
- State in which the injured worker was hired
- Occupation and job title at the time of injury
- Date the injury occurred
- Address and physical location of the accident
- How the accident took place
- How many people were injured in the accident
- Which part(s) of the body was injured
- Whether the worker returned for their next scheduled shift
- Any reason to doubt the validity of the claim and why
- Whether the injured worker’s wages are being paid during disability
- Whether the employee is full-time
- Injured worker’s salary or hourly wage on the date of injury
Typically after reporting a claim, a professional from the insurance provider will call your employer to discuss the next steps. At Hansford McDaniel LLC, our experienced workers’ compensation attorneys have helped many employees file workers’ compensation claims. We provide skilled, knowledgeable, and dedicated legal services.