Pressure by employer to file workplace accident with health insuranceYour Ohio employer is required by state law to carry workers’ compensation insurance. This coverage kicks in if you're injured in a workplace accident or develop an occupational disease.

However, workers’ comp isn't an optional benefit. If you're seeking medical treatment because of a job-related injury, you must go through the workers’ comp system, not your health insurance.

So what should you do if your employer is pressuring you to submit your work injury to health insurance? First, don’t do it. And second, call an Ohio workers’ comp attorney.

Why Would an Employer Want You to Avoid Workers’ Comp?

When you file an injury report at work, your company—or someone working for it—may try to dissuade you from applying for workers’ comp. You might be told that workers’ comp approval takes too long or that you’ll probably be denied. Someone in the company or with the insurance carrier may try to convince you that you’d be better off just going through your health insurance. This is because when you use health insurance for a claim, it doesn’t cost your employer anything.

A workers’ comp claim costs your employer because it's paying the premiums—not you. And the more claims made by workers, the higher company premiums may become.

Why You Should Ignore Your Employer

While your employer may be right that a workers’ comp claim could take a while to be approved and your application could be denied, this doesn’t mean you should turn to your health insurance. Here are a few good reasons for that:

  • You could be breaking the law. Your primary care provider should ask if your injury happened at work. If you lie and tell them no, you would be committing insurance fraud, which could land you in jail.
  • Health insurance doesn't provide wage loss benefits. If you're forced to take time off from work to recover from your injury or illness, workers’ compensation will pay your lost wages. Without workers’ comp, you must use sick and vacation time, which isn't right.
  • You could lose coverage altogether. If your health insurance company discovers that you're using your coverage for a work injury, your benefits may cease. It may be too late to file the workers’ comp claim, so you'll be paying out of pocket for all costs related to the injury.

These potential consequences aren't worth the risk. You should have workers’ comp benefits and shouldn't be coerced out of using them.

You May Need a Workers’ Comp Attorney on Your Side

If you're feeling pressured by your employer after a workplace accident, contact Monast Law Office soon. Not only can I file a successful claim quickly, but I can also help you stand up to your employer. Fill out the contact form on this page or call my office today to discuss your situation. You may also want to request a free copy of my book, The Worker’s Guide to Injury Compensation in Ohio.

 

 

James Monast
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Board-Certified Workers’ Compensation Attorney in Columbus, Ohio