can a employer sue you for filing wc

does anyone know if a employer can sue you for filing wc after he acknowleged it happend at work and you have already been on it for 5 moths?

What would be the basis for a lawsuit?

Speak to a workers comp lawyer in your area. In general it is improper to take any action against an employee due to the filing of a workers compensation claim. Your situation, of course, could be more complicated.

The employer’s workers comp rates go up and cost the business more money. The employer could argue the the employee did something they had been warned against doing multiple times (and been warned for) OR the employer could argue that the employee injured themselves while not at work but claimed they actually injured themself while at work in order to get worker’s comp to pay the medical bills instead of their own health insurance.

its a strange situation. my employer screwed someone out of wc befor by convincing his other employees and a homeowner to lie about the accident. and i have heard from a few friends around town that he has been speaking with a lawyer. im not worried about it i just dont really want the aggrivation from it. i have from him trying to get me to lie to wc and the dr about how long i worked for him and when it happend. and more texts about my wages and hours i worked

Save those texts. Your lawyer will want to see them.

Sounds like a bad situation. This employer obviously doesn’t take worker health and safety seriously. He also has a micky mouse approach to running his business.

As some one who has been screwed around too much by incompetent, immoral employers in the construction industry the past year I strongly recommend you get the heck ou of Dodge.

The answer is no. An employer can’t sue you or otherwise harass you for filing a WC claim. However you can sue an employer or have them investigated by your state’s Labor Department for taking retaliatory action against you for filing a workers comp claim.

This is what is known as “employer fraud” as it pertains to workers compensation.

Oh…worker’s comp…I was thinking about a different wc and the references about filling it over a five month period were confusing me.

I didn’t even realize having moths was a viable basis for a W/C claim. :slight_smile:

I thought this was going to be a thread about blocking the office toilet. :dubious: