I found it interesting and was unaware that evidence suggests that many workers compensation claimants have not received payments under the bargain agreement, “The Great Compromise”, which traded the right to sue employers regarding employment associated harm for the right to timely and appropriate benefits and has prompted calls for reform. The moti- vations for examining this deprivation included data from the Occupational Safety and Health Administration, which indicated the number of employees who sustained work related harm greatly exceeded the population of those workers who pursued workman’s compensation benefits.
The research revealed that many employees who experienced arguably compensable harm did not pursue workers’ compensation benefits. Aside from workers, compensation systems methodologies and other relevant factors , the article concluded that studies consistently demonstrated that workers compensation claims actually filed are substantially lower than the number of legitimate claims that would have been expected.
Some of the reasons for not reporting compensable harm included the unawareness of workers compensation right, wishing to avoid perceived complexity of the workers compensation system, and the biggest one… he fear of employment termination, deportation, and/or other retaliation. I really don’t know what the answer is other than, educating each employee to understand and comprehend what their rights are and ensure they have other legal options available in the event retaliations is taken.
A call for worker’s Compensation reform-Compromising the Great Compromise By: John Stahl, American Journal of Occupational Safety and health Administration, 00560136, Jan2010, Vol. 104, issue 3