First off let me start with the caveat that I am hearing this second hand from an injured worker. But they told it to me unprompted and it sounds similar to stories I’ve heard in the past.
They are a younger worker with a decent injury, but not one that will prevent them from working again which is all they want to do. Their claim is being handled by Gallagher Bassett which is a very large insurance company. They administer claims for large companies. They do a great job for their clients I’m sure, even if it is at the expense of many honest, hard workers who get hurt on the job.
It is their job to be aggressive in trying to deny or limit claims. They are not looking out for you nor should you expect them to. It is the same with any insurance company.
They do have an obligation to not break the law. It certainly sounds like they came close to that or did something highly unethical, in my opinion, with my caller.
When they asked them if they would eventually get a settlement, they were told, “If you do get one, it is the policy of your employer to fire you.”
That would be very much against the law to retaliate against an injured worker in that way. It sounds like the making a very large wrongful termination lawsuit.
I personally do not believe the employer has this policy. They are a large company and have a lot of workers’ compensation claims filed against them not just in Illinois, but in the many other states where they do business.
What I think likely happened here is the insurance adjuster was trying to scare off a younger worker who she did not believe would know any better or question her. Part of the adjuster’s performance review is likely related to limiting payments on claims. So she said something incredibly wrong and reckless to this employee.
What will the repercussions of this be?
Honestly, nothing. It is one word versus the other. It is not in writing. And the worker did not suffer any actual harm. If they get fired from their employer this may make that a great case. But if it is just a reckless insurance adjuster trying to scare a worker, they regrettably will get away with it.
If it is against the law to say that, there are no real implications or anything you can do if no harm is suffered. If this worker hires a lawyer through us or another resource, they will get their settlement eventually. If they do not get fired they have their job. They have lost nothing.
So even if Gallagher Bassett did something highly questionable, it is not illegal in a way that can lead to a lawsuit or punishment at the Illinois Workers’ Compensation Commission just for saying it.
We would love to have the chance to depose this adjuster, but that is not likely to ever happen. The lesson for you as a worker is to not trust the adjusters and know that if they say something that sounds off or in violation of how the law works, it probably is for a reason. Consult with an attorney and see what your rights are.
If you would like a free consultation about anything related to your case, you can contact us at 312-346-5578.
