Can I Sue My Employer for Denying Workers Comp?
Updated: Feb 24, 2022
Many injured workers have this question. The answer is ‘yes.’ By law, a worker can sue the employer for valid compensation denial.
Worker's Compensation is a system that guarantees a worker's remittance when injured in the line of duty. Some employers may seem difficult when they are asked to release the agreed compensation. When a worker gets injured at work, they should typically file a claim to the employer.
To verify the certainties, the employer may perform several investigations regarding the situation. Not every injury claim is valid for compensation. The claim may be denied due to various reasons. Some of these reasons may include.
The Injuries Are Not as Severe as Described
Every organization has its set rules regarding injuries and compensation. Various injuries qualify for remittance. For instance, some workers come to work and file claims for injuries they got outside the company. In cases where the employee is severely injured, they should file a claim as fast as possible.
A Missed Deadline
Companies have different rules on compensation claim deadlines. In many such cases, if an employee does not file the claim within the deadline, there is no compensation. In some organizations, however, as long as the injury case is valid, whether the deadline is due or not, compensation must be given.
Some injuries may be severe, that the employee may not be physically fit to file claims on time. With this, the employee must be compensated even when the deadline is missed.
Sometimes the employee may be at fault due to negligence and carelessness. The willing laxity may lead to compensation denial from the employer. If an employee was intoxicated or generally violated the company rules, they do not deserve a settlement.
When an employee files a claim after resigning, being laid off, or being fired, the compensation is not guaranteed. Many company insurances may not accept injury claims. In this case, a worker needs to seek a personal injury law firm like Powell Law Firm to intercede and advise accordingly.
What to Do When Injured at Work
If an employee is genuinely hurt at work, they can file a compensation claim. There are, however, several critical steps to follow before making the decision. After suffering an injury at work, an employee should:
Evaluate the injuries to make sure they are eligible for compensation.
Go for a comprehensive body examination for proper reporting.
Follow doctor’s directives for quick recovery.
Consult a personal injury lawyer for advice.
Take notes of the accident for record purposes.
After an accident at work, employees should follow the steps to verify if they legitimately deserve the compensation. All these steps are done before filing the claim to the employer. To have some legal protection, make sure to contact Powell Law Firm for further assistance. Avoid making mistakes during the process and work more on ensuring body recovery before going back to work.
Suing an Employer for Negligence
Did you know that an employee can sue an employer for negligence? Well, this is possible. When the claim is denied, the worker can sue the employer for negligence and time wastage.
In this case, the files for injury and negligence cases are different.
An employee can sue an employer in instances that the injury resulted from negligence in offering the right resources. Other attributes may be the employee's lack of training, workmanship, the right equipment, or other unsafe practices.
For this situation, it is ideal for one to work closely with workersman comp lawyers to protect the employee's rights. Act promptly to ensure that the settlement is granted. Talk to Powell Law Firm for an experienced workers’ comp attorney to handle the case amicably.
Contact Powell Law Firm
By law, suing an employer is allowed. When an employee is denied compensation after having a genuine injury, they can comfortably file a case against the employer. After looking out for the requirements and issues that may lead to denial, a worker can effectively tell if they are eligible for settlement.
In some cases, it is ideal to have a lawyer who can advise and represent you in a court of law. Make sure to contact Powell Law Firm to get a lawyer's assistance and compensation guarantee.