Is filing a worker's comp claim suing? Can my company punish me for that?

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That’s a great question and we hear it a lot.  Remember, filing a worker’s compensation claim for an on-the-job injury is not suing your company. We make that very clear from the beginning.  In fact, we deal only with the worker’s compensation insurance company – we don’t involve your supervisors, or your coworkers.  Instead, we handle your case in the most professional manner with the worker’s compensation insurance company.

Why do we do it this way?

Because it's better for you.

We've been helping workers with serious on the job injuries for more than 20 years now.  So we know what to do to help you and your family.  Our tactics and strategies are different for every person we represent but the goal is always the same: do what's best for you and your family.

Furthermore, it’s against the law to retaliate against an injured worker who files a worker’s compensation claim.  

I know that the fear of retaliation is an ever-present one, but in over 20 years we have only seen a couple of cases of retaliation for filing a workers comp claim.  So, retaliation is extremely rare, and the penalties for employers who do so can be harsh.

And workers compensation is a different system - sometimes a complicated, unfair system for injured workers - but it's specific laws and procedures.  And it was designed to prevent workers from suing their employers.

Many injured workers who come to us say they don't want to sue their employer, they've never sued anyone.

And you may feel that way too.  You like your company.  You've been there a long time.  They treat you well.

But remember, your company has workers compensation insurance, just like you have car insurance or homeowner's insurance.  And the insurance company will take over as soon as the workers compensation claim is reported. That insurance company is a business and makes business decisions - with no input from your supervisor about what a good employee you were.

So if you were hurt at work, you won’t be suing your employer.  

But you should file a worker’s compensation claim to make sure your rights to future benefits and medical treatment from the insurance company are protected, and we can help you do that here at Donahoe Kearney.

If you don't file that workers comp claim on time, or in the right place, you may not get the benefits and medical treatment you and your family needs (and is entitled to).


Frank R. Kearney, Attorney-at-Law
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Experienced DC Workers' Comp, Long Term Disability & Accident Lawyer