What If My Employer Doesn’t Want Me to Report a Work Injury?
Q: I slipped and fell at work, hitting my head on the pavement. The fall was witnessed but my employer asked me not to file a claim with workers’ compensation. They asked me not to go to the doctor. However, I am still having neck pain and headaches even though the injury happened over two weeks ago. My employer has me doing light duty and told me that it could be a “problem” if I filed a claim. Is it too late for me to file and claim and will I get fired if I do that?
A: You can file a claim at any time if your employer had notice of your injury. The law says you are required to file a claim as soon as possible. However, if your employer prevents you from filing the claim, you can still go to a doctor of your choice and have the doctor file the claim for you. It is illegal for your employer to fire you because you asked about or sought help for an on-the-job injury. You can get confidential legal advice from an attorney experienced in practicing workers’ compensation law. You can also confidentially call the Oregon Workers’ Compensation Division at 1-800-452-0288 and ask them about the procedure for filing a claim.
Generally, a claim should be filed as soon as possible and medical treatment sought as soon as possible so as not to delay healing or cause additional problems. If you need help, you should contact a legal professional as soon as you can to assist you with filing your claim.