If you work for a company and are injured on the job, then you may be eligible for workers' compensation benefits. However, some employers will fight your claim. In this case, you will need to go to court, and it is best to hire an attorney, even if, in your mind, the claim may be fairly simple and easy to prove. There are many reasons why an employer may fight a claim. Keep reading to learn why.
Your Employer Pays For The Workers' Compensation Insurance
One of the simplest reasons why your employer may fight your workers' comp claim is the fact that your employer pays for workers' compensation insurance. An insurance company will accept the fees from the employer and then the claim is settled by the insurance company. This works in a similar manner as your car insurance. Just like your car insurance, the insurance rates are likely to go up if the insurance is used.
In the case of workers' compensation insurance, the insurance company will see your employer as more of a risk if an employee is injured. In this case, the insurance company uses something called an experience modification rate when a claim is filed and processed. This rate determines how much the employer's insurance premiums will rise based on the amount paid in medical bills and lost wages. One claim and a single rate adjustment can raise premiums several thousand dollars a year.
If your employer wants to reduce costs, then he may fight the claim in court. Part of this fight may include evidence that the injury was partially your fault. Also, your employer may question your doctor's orders on how long you need to stay out of work. If your employer proves his case, then you may receive less money from your injury claim. Your employer will in turn have to pay less in insurance premiums.
If you want to receive what you deserve, then it is wise to work with an attorney to make sure that you have all of the evidence you need to prove your case. This includes precise incident and injury statements as well as complete and accurate medical records.
Your Employer May Not Believe The Claim
There are situations where an individual injured themselves outside of work and claims that the injury happened at work. There are many reasons why people do this. They may no longer want to work or they may not have adequate insurance to cover the costs of the medical care they receive. This type of situation is called fraud and it is illegal. If your employer thinks that you committed fraud, then he has every right to inform the court that this is the case.
Also, your employer may not completely believe your story or he may have heard several other stories that conflict with your own. In this situation, and in many others, your employer will need to legally reject the claim so the insurance company can complete their own investigation. The results of the investigation will then be heard in court.
With your own evidence and the evidence of your employer, the court will hear both sides of the matter. If you are blindsided by the evidence against you, you will likely have a chance to gather your own evidence to dispute the claims of others. However, you should understand that this can lengthen the court proceedings significantly and leave you without any income in the meantime. Working with your lawyer to acquire witness statements and medical testimony that proves the accident occurred how you said it did well before your initial court date is always a good idea. In cases like this, it is also wise to show the records of reports that you told your employer about the injury as soon as it happened. If you waited to inform him, then you will need to provide a reason why you did so.
For more information about why your employer may fight your workers' comp claim and what you can do to bolster your own claim, contact a workers' comp lawyer, such as those at Walz Law Office.
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