Although many employers are understanding when an employee decides to file for workers’ compensation, other employers take this decision personally. A good employer will see the situation from a position of trust, knowing that if their workers are treated well, they won’t be tempted to file a false claim for benefits. On the other hand, an unethical employer will go to great lengths to deny a claim, even when the worker is rightfully entitled to compensation. In this blog, we talk about 3 common reasons employers use to deny claims for workers’ compensation.
Reason #1: Saying Your Claim Can’t Be Verified
When an employee files a claim for an injury like carpal tunnel syndrome or back pain, the ailment might not necessarily have been triggered by just one obvious incident. Because, these types of conditions can build up over time and eventually cause chronic pain, it can be complicated to prove that they are related to a person’s work related duties. Employers know this and might say something like, “ it is impossible to know if their headaches were caused by our work place,” they might even add, “ the employee encounters triggering incidents outside if work too.”
Reason #2: Claiming Their Costs Might Rise
If an employer exceeds the specific number of workers' compensation claims they are covered for, their insurance rates might increase. Sometimes an employer might deny a worker’s claim by using a reason that isn’t unrelated to their injury or workplace accident. However employers are also sometimes put in situations where they have to deny a claim for legitimate financial reasons.
An employer can be direct about their reason for denying a claim, saying, "We cannot afford to cover you," or "We do not have a workers' compensation insurance policy at our company." It is important to note that California requires employers to carry this type of insurance, and the state has laws that support workers who bring forth valid claims and deserve the support they asked for.
Reason #3: Claiming You Are Not an Employee
A common way that employers will attempt to avoid liability for a claim is to say that the employee is an independent contractor, and therefore is not entitled to workers’ compensation benefits. However an experienced lawyer can help you assert your right to obtain the compensation you are entitled to.
Get Help with Your Workers’ Comp Claim Today
Our attorneys are well-versed in getting an injured worker’s claim for compensation approved. Our skilled team of lawyers know which approaches or strategies to use to prove your injury is valid. We can get you checked by a medical professional who understands workplace injuries and how to properly report your symptoms, and we are prepared to help you build a strong claim that will ensure your employer upholds the duty that is owed to you.
Contact our San Jose workers' comp lawyers today to schedule your free consultation.