Why Shouldn’t I Be Afraid to File a Workers’ Comp Claim?

Understanding the concept of workers’ compensation is important, especially when one is dealing with the aftermath of a workplace injury. It is a form of insurance that provides wage replacement and medical benefits to employees injured during work-related duties. Our experienced team at Hampton Injury Law PLC is here to help simplify this process and guide you every step of the way. We can help you prepare for the road ahead and ensure your best interests are upheld. You don’t have to be afraid to stand up for your rights with our attorneys at your side.  

Debunking Fears about Workers’ Compensation Claims

Filing for workers’ compensation should not be a daunting experience. The following are some common concerns and why they should not deter you from filing a claim.

Will an Employer Ask If You Have Ever Filed A Workers’ Compensation Claim?

Contrary to popular belief, it is illegal for employers to inquire about your previous workers’ compensation claims. The Americans with Disabilities Act (ADA) restricts such questions, which could potentially influence employment decisions. It is imperative to remember that any job requirement that indirectly alludes to your ability to perform certain tasks cannot be used as a loophole to ask about past workers’ comp claims.

Will a Workers’ Comp Claim Appear on a Background Check?

While in some states, like Virginia, worker’s comp claims may appear on some background checks, it is crucial to know that prospective employers cannot decline to hire you based on your past workers’ compensation claims. Such action would be considered discrimination and is illegal.

Will a Workers’ Comp Claim Affect Future Employment?

The fear of a workers’ comp claim affecting future employment is a common concern. However, the law prohibits employers from discriminating against you because of a previous workers’ compensation claim. Honesty about gaps in your employment due to recovery from a workplace accident is encouraged.

Why You Shouldn’t Fear Employer Retaliation

One of the most common fears is retaliation from the employer. Can they fire you for filing a claim? The answer is no. In almost all circumstances, it is illegal for an employer to terminate your employment because you filed a workers’ compensation claim. This insurance exists to protect the employee and provide financial support during recovery from injuries sustained at work.

Hampton Injury Law PLC: Your Advocate in Workers’ Compensation Claims

Navigating the complexities of workers’ compensation claims can be challenging, but with a knowledgeable and experienced attorney like Mr. Hoen at Hampton Injury Law PLC, the process becomes manageable. With over 30 years of experience in civil personal injury cases, Mr. Hoen and his team are committed to fighting for your rights and ensuring you receive the compensation you deserve.

Contact an Attorney Today

Filing a workers’ compensation claim should not be a cause for fear or anxiety. It is important to understand that the law protects employees from unjust treatment and discrimination due to past or present workers’ comp claims. Legal professionals, such as the team at Hampton Injury Law PLC, are here to help guide you through the process and fight for your rights. Don’t let fear deter you from seeking the compensation you deserve. Contact Hampton Injury Law PLC today, and let us help you navigate your workers’ compensation claim.