I was injured on the job. I found that my employer is not paying the premiums for workers comp. Now my employer is trying to stop me from filing a claim. Employer says they will continue to pay me and pay for my surgery. If they cant pay premiums, how can they pay for surgery? Not sure what to do, what if there are complications with surgery?
2 Answers from Attorneys
Your employer cannot stop you from filing a claim. If you do file, then your employer cannot retaliate against you for filing. This clearly is not a simple situation on account of you not wanting to offend your employer but at the same time your employer isn't treating you right and is most likely breaking WC laws.
If you want to discuss a course of action in further detail at no further cost to you, feel free to contact me.
Simon W. Johnson
This response given is not intended to create, nor does it create an ongoing duty to respond to questions. This response does not form an attorney-client relationship. It should not be relied upon as legal advice. The response given is based upon the limited facts provided by the person asking the question. To the extent additional or different facts exist, the response may change. Attorney is licensed to practice law only in the State of Ohio. Responses are based solely on Ohio law unless stated otherwise.
If you are injured on the job you are covered by worker's comp and are entitled to benefits even if your employer has not paid premiums. Claims must be filed within certain time limits and the more time that has passed since the injury, the more difficult it becomes to prove that your injury is work related.
If you file a claim and receive benefits, your employer may have to reimburse worker's comp for those benefits. If your employer is offering to pay you directly then it may not cost the company any additional money if you file a claim and the employer has to reimburse Worker's Comp.
My advice is to file a claim. If you file a claim and your employer goes out of business or you loose your job you will still be able to receive benefits. If your injuries cause more problems for you over the years, you may be able to receive additional benefits. Your boss may be upset with you for filing a claim but you have no assurance that you will not be let go anyway.
Worker's Compensation is an important benefit-Do not give it up without talking directly to an attorney of your choosing. I do not know the nature of your injuries or how you were injured. You may be entitled to more than medical expenses and lost wages. You need advice that is specific to your case. You can only get that advice from an attorney who has reviewed your situation with you directly. I have been dealing with these issues for more than 30 years and will be happy to discuss this with you in more detail. There is no charge or obligation for a confidential telephone conference. This is important. Your call to an attorney is prvate and your employer will not know unless you decide to file a claim.
David H. Davies
Justice Is No Accident!
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This is a long story... but I really need help, advice/guidance, anything.. My... Asked 10/21/10, 11:55 am in United States Ohio Workers' Compensation Law