What to Do If Your Employer Disputes Your Workers’ Comp Claim
If you’ve been injured on the job, you’re probably counting on workers’ comp to help you get back on your feet. Unfortunately, not all employers agree that their employees are entitled to workers’ comp benefits. In some cases, they will dispute the claim and try to deny compensation. If this happens to you, don’t panic! There are a few things you can do to protect your rights and make sure you get the benefits you deserve.
Table of Contents
- Why would an employer dispute a workers’ comp claim?
- How do employers fight workers’ comp claims?
- What should you do to protect your rights as an employee?
Why would an employer dispute a workers’ comp claim?
There are generally three reasons why some companies try to dispute work comp claims:
Insurance cost control
Workers’ comp claims can be expensive for employers. They may have to pay for medical treatment, lost wages, and other expenses. As a result, they may try to dispute claims in order to keep their costs down.
In some cases, employers worry that paying out a workers’ comp claim will make them look bad. They may be concerned that other employees will file claims if they know the company is willing to pay them.
Unfortunately, some employers believe that workers’ comp fraud is common, and they may be quick to accuse employees of filing false claims. For example, an employer might think you’re trying to scam the system if you file a claim for an injury that happened outside of work.
How do employers fight workers’ comp claims?
There are a few ways that employers try to dispute workers’ comp claims, and they will usually do this with professional help, and as a part of their own investigation:
Questioning the injury
The first thing an employer might do is try to question whether the injury actually happened at work. They may ask for evidence that the accident occurred on company property or during work hours.
Downplaying the seriousness of the injury
Even if they can’t deny that the injury happened, some employers will try to downplay its seriousness. They may argue that the injury isn’t as bad as you claim or that it won’t have a long-term effect on your health. They will sometimes try to do this with injuries that result from repetitive actions such as:
- Carpal tunnel syndrome
- Back pain
Blaming you for the accident
In some cases, employers will try to prove that you were at fault for the accident. They may say that you weren’t following safety protocol or that you were engaging in risky behavior.
What should you do to protect your rights as an employee?
If your employer tries to dispute your workers’ comp claim, don’t give up! There are a few things you can do to protect your rights and get the benefits you deserve:
Get help from an attorney
The first thing you should do is talk to an experienced workers’ comp attorney. They can help you gather evidence to support your claim and fight for your rights.
File a complaint with the state
In some cases, you may be able to file a complaint with your state’s workers’ compensation board. This can put pressure on your employer and force them to take your claim seriously.
Appeal the denial
If your claim is denied, you have the right to appeal the decision. An attorney can help you navigate the appeals process and give you the best chance of winning benefits.
Don’t let your employer get away with denying your workers’ comp claim. If they try to dispute your claim, fight back! Talk to an attorney, file a complaint, and appeal the denial if necessary. With professional legal aid, you can get the benefits you deserve.