Can my employer force me to file a workman's comp claim for a minor injury?
415382
Workers compensation insurance and state and federal laws may require reporting of all injuries in the workplace.\nYou may be placing yourself in a bad position in-case the injury becomes infected or etc. (you did not indicate the injury. \nbetter safe than sorry.
956613
thats normal , espeially if you live in iowa ,the work comp doctors only work for the insurance companies ,and the employers ,not for the injured workers ,enjoy the years of fighting them in a lawsuit , to get anything done with your case, they will eventually ruin you finacially, and then terminate you from your employer ,and refuse medical care ,and then drop your healt insurance , and then you can never have those injuries covered by any insurance ever again in life , join the club
1022353
I am familiar with NY workers comp. Glad to have the chance to help. \nNY Workers Comp is VERY different than other states.  \n1 - NO - I would NOT return to work without your doctor's release.  Here are some reasons why: \n1 - You may subject yourself to further injury.  \nThe doctor has a reason why he/she has not released you to work yet. \nIn NY, especially for a "whole person" type of injury (back or neck), if you are out of work for longer than 2 years (if I recall), then you may qualify for lifetime benefits!  \nOf course, when you do go back to work, or if your physical limitations improve, the payment rate may be reduced.      \n2 - IF your employer happens to have a specific company policy allowing them to fire you because of a company violation, AND if premature Return To Work is documented, you may be at risk of being fired, and may FORFEIT your entitlement to receive additional TTD benefits. \n\nPlease be careful in your decisions so you do not short-change your entitlement to benefits. \n\nIf you want to view a Forum type discussion visit http://www.Prairielaw.com\nor if you want workers' comp resources try visiting http://www.GettingWorkersComp.com\n   \nGood luck!
963563
It is not unreasonable or illegal to change the duties of your job after a crash, which you were responsible for, and he is within his rights to expect you to pay. He does have to consult you about changes to your job.\n\nHowever if he was a decent employer, he would meet the costs of any repairs that are not covered by the insurance through his transport budget.\n\nExpecting you to take a pay cut and making you work on site for 12 months, seems harsh. I'd look for another job. And tell him where he can stick his job.
1095457
I've been injured on the job twice.\nI had a really bad time filing a claim.  The first doctor said I wasn't hurt and tried loading me up on pain pills.  I saw him twice, complained to my workplace and went to another doctor.  She was great!  She was very professional and gave me a disablility percentage rating.  After my workplace found out I was entitled to a lump sum for my injuries they flipped out and ordered me to have a second opinion.  The doc saw me, confirmed what the previous physician had diagnosed, and told me he didn't understand why I needed a second opinion.  Although I made about $3,400 bucks, I wouldn't say it was worth it for the injury I received to my back.  Long story short, expect to be playing LOTS of games with people.  If they try bulling you, find a Workers Compensation or Injury lawyer to deal with your case.\n\nGood luck!
88204
If an employer wants to check your workers comp background, they first need to have to offer you a tentative offer of employment.  The only reason they could then disqualify you is if they find that you LIED.  They can't just say no based on previous injury.
152193
My advice would be to contact an attorney...possibly 2 different kinds or if one of the attorneys deals with both personal injury and workers compensation....I had a deal with a MAJOR health insurance company and I obtained a workers compensation attorney almost immediately...Yes you do have rights....good question
253860
You are protected because it's insurance paid for by your employer.  However, you have to be careful that the injury that you have sustained in the first job is not aggravated, worsened, or deemed to be a non injury on the second job.  That could affect your claim.  You should consult an attorney in your state.  Each state has its own Workers Compensation agency and rules.  Attorneys usually don't charge a fee and they are paid a small percentage of your compensation.
198823
it actually depends on the state you are in.  my personal advice would be to call a lawyer in that area.  This is much too serious of a matter to let a mistake cost him his rights to workmans comp.
420562
Workers' Comp insurance is for injuries that you sustain from an accident while working or traveling to and from your job. If the injuries sustain effected you dental work, then possibly yes, if the injury was soft tissue to another part of your body, then no. \n\nWith regards to your car, if your car was damaged within the scope of your employment, you would have to check with your auto insurance carrier to ascertain coverage for a rental.\n\nIf you receive a settlement from your Workers' Comp Claim, you can use the money any way you please.
972327
if you got injured during work-time at your workplace, or any place doing your job for your employer, (in Ontario, Canada), you should inform your employer.  If its very minor like a paper-cut or scratch or something, you can use the first-aid kit for disinfectant and bandage, but if its anything that you see a medical professional (Dr, etc) about, then your employer is required by law, to report Worker's Compensation.  You will be paid for time off for emergency or for a Doctor, if its required, and your employer will be required to modify your job or your facilities(like providing special chair or whatever) while you heal,  If you 're  unable to do your job, your employer is required to provide alternative work, IF they can.  IF they cannot, then Worker's Comp. Insurance will pay until you get some job you can do somewhere else.  There is a time limit for your employer to report it, I think 2 or 3 days, depending on your Province or State.  If s/he doesn't report it, there can be hefty fines.  (employers trying to hide such things are considered virtual criminals).  In this case, your employer may still be safe, because you didn't tell him, s/he didn't know,  so workers comp will just frown.  \n\nThere could be negative consequences to the employer if they know about a "serious" injury and do not report it.\nThere are no negative consequences to reporting an injury.  Employers may not punish you for it.\n\nRule of thumb for the future, any injury or illness from your workplace "serious" enough ----  that is,  IF you go see a doctor or medical pro about it, then you have to tell your boss and they need to report it to Workers Compensation.
1109997
The policy will vary between companies as it is likely a disciplinary offence.\n\nBest bet is to go and ask for the manager and make a formal complaint.  He doesn't need the hassle but make it clear if he doesn't get it sorted you will write to head office.
68611
Worker's Comp covers only injuries from on-the-job work or (in some cases) on-the-job situations that has exasperated a current injury.\n\nDo not file a claim on something you think MAY happen.  All claims are marked and if something does actually happen on the job, a good WC coordinator will look up any past claims you've made.  You do not want to be flagged as a WC "player".\n\nIf you think the injury is caused at work, file first, see the Doc after, UNLESS it is a very dangerous injury.\n\n(As a side note, your injury does NOT have to be so severe it stops you from work.  WC also covers Dr. visits, even if they do not lead to light duty or termination of work)
997216
I feel for you.   I have handled multi-state claims, and claims for some of the tribes in the sovereign indian nations.  I know that all or most of their workers comp claims are handled this way  - - When a worker becomes injured, the claim is governed by the sovereign indian nation - period.  You have NO recourse or avenues via the State Workers Comp Board - probably this is WHY you are not able to find an attorney who will take your case.  From what I remember, your avenue of "appeal" is via the Tribal Elders or Tribal Counsel.  \nOn another note, when we opened the claims for those workers, we would apply "most" of the laws and rules in the state that had jurisdiction over the claims.  \n\nNOT sure HOW you were injured.  IF your injury was caused by negligence on the part of the place where you worked, you may be able to file a lawsuit - either by "tort" or "premises liability".   \nIF you decide to go that route, I would highly recommend retaining the services of a lawyer who SPECIALIZES in tort and liability claims. ALSO make sure that the attorney has a good working knowledge of workers comp.   But the PRIMARY qualification under THIS scenario would be tort & liability. \n\nI used to work with an attorney who worked on the reservation, but I lost touch with him.  \n\nIf you want to try your luck in an open Forum discussion, I noted that http://www.Prairielaw.com  is good & they have attorneys who may be able to help.  \nIf you want workers comp resources check out http://www.GettingWorkersComp.com \nThey have all kinds of stuff.  \nGood luck.    \n\np.s. - I posted a question about a "workers comp rally" could you please do me a favor & post a comment about what you would want at such a rally.  Thanks much.
1125568
ONLY an attorney is qualified to give Legal Advice.  I am not an attorney, but do have over 20 years workers comp experience.  From what I know right now, \nYour attorney apears to be CORRECT that you can NOT sue & recover for Pain & Suffering in workers comp.  BUT - it is NOT clear HOW or WHY you fell.  IF there is a potential 3rd party who may be legally negligent for the reason WHY you fell, then you MAY be able to recover via the responsible third party.  There is not enough info for me to tell.\nAsk your attorney whether your injury qualifies as a Third Party injury.  \n\nIf you still want to - check out the chat Forum at http://www.Prairielaw.com  it is hosted by attorneys who may be able to help. \n \nIf you want workers comp resources, visit http://www.GettingWorkersComp.com
679498
laws?  No.  but a company might not want to hire you if your injury is subject to re-injury.
356982
not typically. If you were hurt on the job and reported the injury, then you will still be covered under workmans comp pending the comp injury is proven to be valid. Example: you slip and hurt your ankle at work. You report it to your manager, and go to the doctor. The doctor wants you in physical therapy for three weeks.  three days later you are fired for theft....you would still be covered under workmans comp for the duration of the injury. It is rare for someone to be terminated under workmans comp unless theft or some type of serious violation was at hand.