Although many employers are understanding when an employee decides to file for workers’ compensation, other employers take this decision personally. A good employer can 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.
There are a few common reasons employers use to deny claims for workers’ compensation:
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 workplace,” or they might even add, “the employee encounters triggering incidents outside of work, too.” This is why it’s important to hire a workers’ comp attorney to gather the evidence needed to prove that your injuries are work-related. Evidence can include witness accounts, medical records, and independent medical examinations.
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 things like "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.
Claiming You’re 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. While employers are obligated to pay for workers’ comp and Social Security and Medicare taxes as well as comply with labor and discrimination laws for employees, many of these laws don’t apply to independent contractors. However, an experienced lawyer can help you assert your right to obtain the compensation you are entitled to. A law firm can present you with options you may not have known existed.
25+ Years of Serving Injured Workers
Our attorneys are well-versed in workers’ compensation claims and have helped countless clients secure the benefits they rightfully deserve after a workplace accident has left them with injuries. Our skilled team of lawyers know which approaches and 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 us online or by phone today at (408) 709-7317 for a free consultation today, or contact us online. Our personal injury attorneys are dedicated to providing high-quality representation to injured individuals and families.