My Employer Told Me Not to File a Workers’ Comp Claim—What Do I Do?

is workers' comp taxable

As an employee, you deserve to know that your employer has your best interest at heart. But when you suffer an injury at work and your boss tells you to go through your own health insurance and not file a workers’ comp claim, it’s important to recognize that they aren’t advocating for you. They are protecting themselves. That’s why you should turn to a workers’ compensation attorney to explore your legal options.

After a workplace injury, you deserve experienced representation. At Moga Law Firm, attorney Scot Thomas Moga has been advocating for injured workers for almost three decades. From navigating cases involving uncooperative employers to wrongfully denied claims and workers’ comp settlements, he’s committed to doing what’s right for his clients. Call us at 909-931-2444 to set up a consultation now.

Why Some California Workers Discourage Workers’ Comp Claims

If you’ve never sought workers’ compensation before, you may be confused when an employer tries to dissuade you from filing a claim. The workers’ compensation system is set up to benefit both employers and injured employees—it protects employers from personal injury claims caused by employee injuries, and it allows employees some form of compensation without having to prove fault.

Even with this setup, there are still employers who try to skirt the system’s rules. Some employers worry about injury claims raising their workers’ compensation insurance rates. Injury reports may also trigger investigations and workplace inspections if the employee was injured due to safety concerns or violations. Injury reports may also damage a company’s reputation.

Ultimately, it generally comes down to money. Your employer may be attempting to shift the cost of your injury treatment to your health insurance, and in doing so, they benefit themselves via lower insurance prices. When this occurs, you may need a workers’ compensation law firm to step in and advocate for you.

California Law Protects Your Rights

The good news for you is that California has some of the strongest workers’ rights in the country. The Division of Workers’ Compensation makes it very easy to file a claim and employers are required to provide workers with the proper form to report an injury. Employers cannot discourage or prevent workers from filing a claim, nor can they retaliate against employees who do report injuries.

If your employer discourages you from filing, they are breaking the law. Under California law, an employer who fires, threatens to fire, or discriminates against an employee for filing (or planning to file) a workers’ compensation claim is guilty of a misdemeanor. The affected employee will have their compensation increased by 50%. Your California workers’ compensation lawyer can help you hold your employer accountable.

Listening to Your Employer is Risky: Here’s Why

It’s very common for employees to feel pressured to go along with their employer’s efforts to get around the workers’ comp system. Many people who ultimately turn to a workers’ compensation law firm for help first attempt to do what their employer advises, hoping to avoid rocking the boat.

However, this can backfire. If you do not report your injury, you risk:

  • Lost benefits: Workers’ compensation pays for medical treatment and wage replacement. If you go through health insurance and use paid time off, you are giving up benefits you are legally entitled to.
  • Health insurance limitations: If your health insurance company finds out that your injury happened at work, they may refuse to pay out your claims.
  • No legal protection against retaliation: Your employer could still plan on terminating you or demoting you as a result of your injury, particularly if they feel you’re a liability to the company. Without a workers’ compensation claim, you have no way of proving that your termination is retaliation.

Watching Out for Retaliation

There are many ways companies retaliate against employees who file a claim or seek advice from a workers’ compensation attorney. If you are fired or demoted, experience a reduction in hours or pay, are subject to harassment at work, or receive unjust negative performance reviews, look at the timing. If these issues only started after your injury report, set up a time to talk to a workers’ compensation lawyer. You may be entitled to additional benefits, and your employer must be held accountable.

Let’s Talk About Your Next Steps—Call Our Workplace Injury Law Firm Now!

If you’ve been discouraged from filing a claim or experienced retaliation after a workplace injury, we’re here to advocate for you. Call our firm at 909-931-2444 or send us a message online now to set up a consultation. You can also download our workers’ compensation intake sheet in preparation for your meeting with our team.

Daniel Tan