Evey Black Attorneys LLC
Roaring Spring:

Claim denied? Employer won't listen? Talk to your attorney

Workers who are hurt on the job may find themselves in a difficult position. They want to be honest about their injuries, but they may worry that their employers will scold them or fire them.

Fortunately, it's not legal for your employer to fire you as a result of making a workers' compensation claim. If you get hurt on the job, you have a right to seek medical attention and to receive the benefits you deserve from the workers' compensation insurance your employer carries as long as your claim is approved.

Can your employer refuse to file a claim because they disagree with you?

No. Even if your employer believes your injury was self-inflicted or a result of your negligence, they still have to file the claim with the insurance agency. The workers' compensation coverage they have will likely cover any injury you have short of those that are self-inflicted, but it is up to the carrier to make that determination. Your employer can provide them with an opinion that conflicts with your account of what happened, but they should not refuse to help you file your claim.

What happens if a claim is denied?

You'll have a right to appeal any claim that is denied. You may simply need to provide more information to the agency, which will help them review your case again and potentially make a different decision.

Our site has more on workers' compensation and what you should do if you're hurt on the job. Seek compensation early, so you can focus on your recovery and not the medical costs.

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