If Iwas injured at work and my supervisor advised me to file for short term disability instead of filing a worker’s comp claim, what shouldI do?

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If Iwas injured at work and my supervisor advised me to file for short term disability instead of filing a worker’s comp claim, what shouldI do?

Was mislead by supervisor; she advised me to file short term disibility instead of workmans comp.

Asked on January 28, 2011 under Employment Labor Law, Mississippi

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

File the worker's compensation claim--the supervisor can't stop you from doing so. It is the injured worker's right to submit a claim. If you have any difficulty, try contacting your state labor department--it will have or can refer you to a division or department dealing with worker's compensation.

The important thing is to file the claim first. After that is done, you can consider whether you can or should seek compensation from the supervisor or the employer. The worker's compensation office can help guide you in this, such as by letting you know generally when an employer may incur liability in this regards. You might also speak with an employment attorney who can evaluate the particulars of your case. Probably if the supervisor just gave you well-intentioned by incorrect advice which you followed, there's no or little liability; if intentionally tried to stop you from filing, however, you may have a cause of action.


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