Using your “Sick days” rather than Filing a Claim

Steven Schwartzapfel Feb 10, 2016

Many people fear the stigma of filing a “claim” under workers’ compensation. This feeling is natural, as keeping your job often means continuing to provide for your family. Your employer may even encourage you to use your sick/vacation time in order to avoid filing a claim. Many injured workers feel intimidated and often coerced by their supervisor to not file a claim and this will have serious consequences.

Without Workers’ Compensation, You Will Be on Your Own.

Workers’ compensation is designed to pay your medical bills and provide you with compensation while you are recovering from your injury. It is not the lottery by any means so don’t feel guilty about filing a claim. By not filing a claim, your personal insurance will be used for any treatment, surgery, or therapy required. Co-payments will be your responsibility. You will not be compensated for any lost time, and will be forced to use your sick/vacation time. This is problematic because you may not have enough time to cover the rehab from your injury.

Benefits of Workers’ Compensation.

By filing a workers’ compensation claim, you are able to have all your medical treatment related to the injury covered without any need for a co-payment. All treatment and medications will be the responsibility of the insurance carrier. Further, even if your employer pays you while you are out, there will be a reimbursement by the insurance carrier. This will result in you getting a portion of your sick/vacation time back when the insurance carrier reimburses your employer for the lost time. Additionally, you will be able to receive a settlement based on any permanent loss of use of an extremity or lost wage earning capacity.

Workers’ Compensation is Your Only Option for Protection.

It is important to keep a good relationship with your employer to make sure you maintain your employment but not at the expense of your health and financial well-being. Employers have workers’ compensation insurance in order to protect themselves and their employees. In NY, you are not allowed to sue your employer for injuries sustained on the job, so your employer should not be intimidating you into not filing a rightful claim. Filing a claim will give you medical protection for life and compensate you for your injury.

Contact Schwartzapfel Lawyers P.C. Today

If you are preparing for – or in the process of – filing a workers’ compensation claim, do not be intimidated by your employer or the supposed stigma surrounding compensation benefits. While missing work due to injury is not convenient for your employer, it is worse for you, and you should consider your well-being as well as that of your family as the most important thing to protect after an injury keeps you from work. For expert legal advice relating to any aspect of your workers’ compensation claim, contact the offices of Schwartzapfel Lawyers P.C. today. For a free consultation, call us at 1-877-737-4806 or fill out our online contact form.

WordPress Image Lightbox