Getting hurt on the job is stressful enough. You don’t need your employer to make things worse. Unfortunately, that’s exactly what happens in some cases. Some employers respond to workplace injuries by acting in ways that violate your rights and compromise your recovery. Recognizing these warning signs early can help you protect yourself.
Delaying Or Refusing To Report Your Injury
Your employer has a legal obligation to report workplace injuries promptly. If they’re dragging their feet or outright refusing to file the necessary paperwork, that’s a problem. Some employers will try to convince you to wait and see if things improve. They’re hoping you’ll miss important filing deadlines. Others might suggest handling things “off the books” to avoid a workers’ compensation claim. Don’t fall for it. This delay tactic can seriously damage your case. Workers’ compensation claims have strict time limits, and missing these deadlines could cost you the benefits you deserve.
Pressuring You To Return Before Medical Clearance
No one should feel pressured to come back to work before a doctor says it’s safe. If your employer is calling repeatedly, sending text messages, or showing up at your home to convince you to return early, they’re crossing a line. Some employers even threaten job loss or reduced hours to force injured workers back prematurely. Working before you’re medically cleared can worsen your injury and create complications in your claim. A New Mexico work injury lawyer can help you understand your rights when facing this kind of pressure.
Questioning Your Injury’s Severity Or Legitimacy
Employers acting in bad faith often make comments that cast doubt on your injury. They might suggest you’re exaggerating symptoms, faking the injury, or that the accident didn’t happen the way you described. Some go further by investigating your social media accounts or having supervisors watch your activities outside of work. These tactics are designed to intimidate you and build a case for denying your claim. But documentation from medical professionals carries far more weight than your employer’s skepticism.
Common Bad Faith Tactics To Watch For
Several patterns emerge when employers act improperly after workplace injuries:
- Refusing to provide copies of accident reports or claim documentation
- Changing your work schedule to reduce hours and income
- Assigning you to tasks that aggravate your injury
- Making negative comments about your injury to coworkers
- Threatening immigration consequences for filing a claim
- Offering cash settlements that are far below fair value
Retaliating After You File A Claim
Retaliation can take many forms. Your employer might demote you, cut your hours, or pass you over for promotions. They might create a hostile work environment. Some employers become more aggressive, writing you up for minor infractions they previously ignored or suddenly implementing strict attendance policies. Davie & Valdez P.C. has seen cases where employers manufacture reasons to terminate injured workers shortly after they file claims. This type of retaliation is illegal, but it happens more often than it should.
Disputing Medical Treatment Recommendations
If your employer or their insurance company constantly challenges your doctor’s treatment recommendations, you’re likely dealing with bad faith behavior. This includes refusing to authorize necessary procedures, demanding multiple second opinions from their preferred doctors, or cutting off treatment while you’re still recovering. According to the U.S. Bureau of Labor Statistics, workplace injuries requiring days away from work had a median of 12 days in recent years. Many injuries require significantly longer recovery periods. Employers who try to rush this process are putting their interests ahead of your health.
Withholding Information About Your Rights
Employers operating in good faith provide clear information about the workers’ compensation process and your legal rights. Those acting in bad faith do the opposite. They might “forget” to give you the required forms. They fail to inform you about benefit options. They provide misleading information about what you’re entitled to receive. Some employers tell injured workers they’re not eligible for benefits when they actually are, or they understate the compensation available for permanent injuries. It’s intentional misdirection designed to save them money at your expense.
What To Do When You Recognize These Signs
Document everything, keep copies of all communications, medical records, witness statements, and any evidence related to your injury and your employer’s response. Take notes with dates and times whenever concerning interactions occur. Write it down immediately. A New Mexico work injury lawyer can review your situation and help you understand whether your employer’s actions constitute bad faith. Legal representation becomes particularly important when employers are actively working against your interests instead of supporting your recovery and return to work. Taking action early can prevent bad faith tactics from derailing your claim and costing you the compensation you need.