Will Filing a Workers’ Compensation Claim Harm My Employer? 

Generally not.  The worker compensation system is blame-free.  Filing a claim never requires you to accuse your employer of doing anything wrong.  There is no “finger-pointing” stage that forces or encourages you and your employer to blame each other.


Your employer’s worker compensation insurance rates might increase, especially if your accident reveals something that is unsafe about your workplace.  But, rates usually stay the same.

On the other hand, some employers and their managers act as if they have been hurt by your claim.  Some supervisors do not fully understand the workers’ compensation system.  They might unreasonably interpret your attempt to protect yourself as trying to blame them, or they may resent accommodating your need to miss work for medical appointments or time to recover.

Some managers are paid, more or less, according to measures of workplace safety.  If you’ve seen signs boasting of so many days on the job without an accident, remember that resetting that number to zero might put a black mark on someone’s record.  There is also the prejudice of your co-workers viewing accident victims as careless, because people often prefer not to realize that the same thing could happen to them.

As a result, injured employees sometimes suffer or perceive workplace retaliation.  Retaliation can vary from the obvious, such as outright firing, to more subtle forms, such as verbal harassment or reassignment to menial jobs.  This type of discrimination might not begin for months after your claim has come to completion.

It is, therefore, vitally important that you know your rights – and that your employer realizes you know your rights.  The best opportunity to learn what your employer can or can’t do when you file a claim is to talk with a workers’ compensation expert.

To find out more about filing a workers’ compensation claim if you have been injured at work, contact one of the experienced Colorado Workers’ Compensation Lawyers at McDivitt Law Firm.

You may reach us toll free at (877) 846-4878, or go to our website to fill out a free consultation form. Your initial consultation is absolutely free, and you don’t owe us any fee until we collect money for you.

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