If you are injured while on the job, you may be entitled to filing a workers' compensation claim. While some employers try to maintain great relationships with their employees and will allow them to file workers' compensation claims, other employers might attempt to deny their employees compensation for their injuries, based on various factors. You may want to consider a lawyer versed in workers' compensation to help you navigate a situation where you feel you are not getting the compensation you require. Below are some reasons an employer might cite that they do not owe workers' compensation.
Claiming That It's Impossible to Know if Your Injury is Work-Related
Some employers will claim that it is difficult to know if your injury was something that occurred at work. As a result, they may claim that your injury cannot be verified. However, even if it may be difficult to verify what caused your injury, it is usually never impossible. With the use of medical records and independent medical examinations, you may be able to show that your injuries were caused by your workplace responsibilities.
Denying That You are an Employee
Workers' compensation insurance typically covers employees. If you are an independent contractor, you may be told that you are not entitled to workers' compensation benefits. However, a workers' compensation lawyer may help you discover rights that you did not know that you were entitled to and may have ideas for how you may seek compensation for your injuries.
Claiming That Your Claim Will Cause Financial Difficulties
Your employer might claim that they do not have a workers' compensation insurance policy. They may also claim that they cannot afford to cover you. However, while there are some circumstances where an employer is not forced to cover their employees, a workers' compensation lawyer familiar with the laws of your state will help you determine if you should be entitled to workers' compensation benefits.
Not Filing a Claim
Your employer might claim that they have filed a claim after you informed them of your injury. However, they may actually fail to do this, potentially out of fear that their workers' compensation insurance policy will become more expensive.
Even if your employer does not carry workers' compensation insurance, you may be able to sue your employer directly for compensation. You also have the option to sue your employer in civil court. With workers' compensation claims, its more certain that you will receive compensation for your injuries.
However, with lawsuits, after you successfully sue an employer for your injuries, you may receive a greater amount of compensation because you may also be entitled to pain and suffering. You'll want to speak with an attorney to determine which option is the best for you. For more information about how a workers' compensation lawyer can help, reach out to a local practice.