Workers’ comp and ways in which an employer might pressure you

Some employers who do not want to approve a workers’ compensation claim may resort to tactics such as lying about having the insurance.

It is necessary for many employees in the state of New York to file workers' compensation claims. For example, they may need the assistance to stay afloat while they recover from injuries, or they might need help with medical treatment. Even if they are financially well-off, they may simply prefer for their employers to be more aware of workplace dangers and how injuries occur.

On the other hand, some employers take measures, both obvious and subtle, to pressure workers into not filing, or if they have already filed, to punish them. Here is a look at some ways this happens.

Saying that the employer does not carry the insurance

What happens sometimes is that an employer says something like, "Oh, the thing is that you cannot file for workers' compensation. We do not carry that." Maybe the employer goes on to explain it never had the insurance or it lapsed with an insurance carrier change. Whatever the explanation given, it is almost certainly a red flag and something that an employee may want to chat with a lawyer about.

Another variation on this is when the employer says that the employee is a contractor, not a true employee.

Urging an early return to work

Many injuries take time to heal properly, and that can upset some employers who expect employees to return on the employer's timetable, not when it is medically smart. The employer might hint at hiring someone else to take over the job or say outright that the employee should expect to be demoted or transferred. This kind of pressure is unfair and illegal.

Disbelieving the employee

There are also employers who say flat-out that they do not believe the worker is injured or to the extent stated. These statements persist despite all medical evidence to the contrary.

Find out more about what Silverman Law can do

Silverman Law is a New York firm that assists clients with many workers' compensation issues, for example, helping clients understand their rights, filing claims, obtaining medical treatment, filing appeals and explaining why it is required to look for work while receiving workers' compensation and how an injured worker can do that.

These cases need lawyers who have particular expertise in identifying the relationship between injuries and ongoing problems and many other relationships that employers might not realize or would prefer not to think about. The lawyers meet with their clients regularly and look for opportunities to pursue other claims such as those for Social Security disability. Prospective clients can schedule free consultations by calling (518) 374-3373.