Understanding Personal Injury Law

Workers Beware: Five Ways Employers Encourage Denial of Compensation Claims

18 August 2016

Kristina Walker

Worker's compensation is a safety net that prevents people from facing financial ruin due to an injury at work. The program is a beneficial one for employees, but it is something that is expensive for employers that have a workplace that experiences a lot of claims. Some employers have become experts at finding ways to argue successfully against their employees. This is acceptable when the claim is false, but it is devastating to a genuinely injured employee that has their claim denied. Here are common ways some employers try to reduce successful claims against them.

Discouraging Accident Reports

Employees should complete a report on their injury within 24 hours or at least notify the human resources department if they are unable to file a claim on their own. By waiting, the employee could forfeit their claim or at least damage the validity of their account of the injury occurring at work. Unethical employers may encourage the injured employee to take a couple of days off to rest rather than allow them to complete their claim. 

Denying the Injury

Some employers will simply deny the injury. They may claim a back injury happened over the weekend when the employee was working on their home or that their wrist broke when they slipped on the sidewalk before getting to work. Always make certain to get statements from any witnesses when an accident occurs. 

Blaming the Employee

Employers might tell others that they are not responsible for an injury because the employee caused it with their own behavior. This may be correct if the employee was doing something irresponsible, like riding on the top of a forklift or surfing on a conveyor belt. However, common mistakes like lifting incorrectly, tripping over something on the floor, or losing balance and falling off a ladder are all covered regardless of whether or not the employer thinks they should have been preventable. 

Changing the Details

Employers can change the initial report details to make it seem as if the story the employee told them is different than what the employee explained to their doctor. Employees should complete their own paperwork whenever possible and always read reports written by someone else before signing them. 

Using Immigration Status

Undocumented workers face a number of work-related issues based on their legal status. In some states they are not covered by worker's compensation, and in other states they have the same rights as all other workers. The worker should contact their local worker's compensation official to determine if an employer is being honest about whether or not they have coverage. 

Most employers are reputable, honest people that want their injured employees to get the help they need. Unfortunately, employees that lack this type of boss are often treated unfairly. Losing a job and not having the means to get necessary medical care following an injury is unacceptable. Contacting a worker's compensation attorney is the first step any employee should take if the information their employer gives them seems inaccurate. 

If you are unable to resolve the situation with your employer, you may need to hire a worker's compensation lawyer. If this is the case, contact firms such as Shaw Leslie Law Office to get going on your case. 

Share