How does low bargaining power affect workers’ comp claims?

On Behalf of | Jan 3, 2025 | Workers' Compensation |

Low-wage workers often face unique challenges when pursuing workers’ compensation claims. 

The lack of bargaining power can make it harder for these employees to secure the benefits they need after a workplace injury.

Limited knowledge of rights

Many low-wage workers are unaware of their rights under Illinois workers’ compensation laws. Employers may fail to provide clear information about filing claims, leading workers to miss deadlines or submit incomplete paperwork. This lack of understanding can disadvantage employees, especially when dealing with employers or insurance companies.

Pressure to return to work

Low-wage workers may feel pressured to return to work before fully recovering. Financial constraints and fear of losing their jobs can push employees to accept unfavorable settlements or forego seeking benefits altogether. This pressure undermines their ability to focus on recovery and advocate for fair compensation.

Power imbalance with employers

In many cases, low-wage workers face a power imbalance when dealing with employers. Employers may challenge the validity of injuries or downplay their severity to avoid paying benefits. This dynamic can make workers hesitant to pursue their claims, leaving them without necessary support during their recovery.

Delays in receiving benefits

Low-wage workers may experience delays in receiving workers’ compensation benefits. These delays can create significant financial strain, especially for those living paycheck to paycheck. Without timely benefits, workers may struggle to cover medical bills and other essential expenses.

The lack of bargaining power makes low-wage workers vulnerable when filing workers’ compensation claims. Understanding their rights is essential for ensuring access to the support they need to recover and move forward after a workplace injury.

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