Workers’ Compensation: Should you report the injury as non-work related?
Asked by the employer to lie about the injury being non-work related the tale soon blows up in this injured workers face tripping up not just her workers’ compensation claim but also with her health insurance.
Question: Can I sue my employer for making me lie?
Question Detail: I recently slipped and fell off a roof at work. I landed on my head and my knee. In the fall I suffered a concussion and damage to a knee that is not going away or healing quickly. My employer had asked me to lie about where it happened because he does not have worker's compensation insurance, now he is saying that he is going to fire me. I have been out of work now for a week and I don't know if I can do roofing anymore because of my knee, can I sue my employer for this?
Answer: You have no idea what you’ve just done to yourself and your claim. And no you can’t sue someone else when you do the stupid thing. Here spell this out: “I Am Screwed!” Anyone thinking of doing this should just shoot themselves in the foot because lying to the health insurance company to get coverage hardly ever works out like you think it will. When you don't follow the rule of law these things never work out as you would think they would.
First, what you can do is file a workers’ compensation claim like you should have from the start. File the workers' compensation claim with your employer and then report him to the Iowa Industrial Commission for not having insurance.
You need to recognize before trying to do and end-run on your health insurance carrier that you compound the problem by not first reporting it as a workers’ compensation claim. If properly reported and then not covered because the employer failed to insure, the claim will then be covered by your health insurer. By lying to your health insurer you raise the bar considerably higher and the fight is on where no one will cover your claim.
So don’t lie, tell the truth and screw your boss, if he’s not smart enough to know the risks of injury to roofers and buying the insurance to cover them, then maybe he shouldn’t be in business.