Why Employers Might Dispute a Workers’ Compensation Claim

If you become injured or ill while performing duties within the scope of your employment, you are most definitely entitled to file a workers’ compensation claim.  Workers’ compensation provides medical benefits and lost wages to employees injured on the job in exchange for them relinquishing their rights to sue their employer for negligence.  Should you file, you should be prepared for the fact that your employer may deny the claim.  There are a variety of reasons which may cause them to do so.

First, workers’ compensation is actually a type of insurance employers pay premiums to hold.  Each time an employee is paid a claim, it can cause these premiums to rise.  If an employer has more workers filing for claims in a year than estimated, or an employee files a claim that is particularly expensive, it can be costly for the employer.  This is why employers and their insurance providers typically hire investigators to monitor employees who have filed claims to see if they conduct themselves in a manner that refutes the claim; such actions would allow the employer to deny the claim.

Next, employers carry some biases regarding what constitutes a valid injury under workers’ compensation.  Cumulative trauma injuries which manifest themselves after long periods of time, such as carpal tunnel syndrome or lower back issues, are often not taken seriously.  Employers may try to write them off as an employee faking an injury, or blame the injury on actions taken outside of the scope of their employment.  Additionally, employers may attempt to write off injuries which do not require medical treatment and/or time off from work as invalid.

If you have a worker’s compensation claim which has been denied, it is highly recommended that you hire an attorney experienced with these claims who can act on your behalf to request a hearing with the workers’ compensation commission.