Can My Employer Deny Me Workers Compensation?
May 28, 2019 | Worker's Compensation
If you are injured at work and suffered medical expenses, lost wages, or emotional trauma as a result, workers’ compensation can provide you with the funds needed to offset financial and physical hardships from the accident. Unfortunately, all businesses are not required to have workers’ compensation insurance, and even if your employer does have workers’ compensation coverage, some occupations are exempt under state law from receiving workers’ compensation benefits.
When Can My Employer Deny Me Workers Compensation?
If an employee is injured on the job, and their employer is required to have workers compensation insurance, they are likely entitled to compensation for their harm and losses. However, there are certain situations where an employer can deny an injured employee coverage under state law. In some states, independent contractors, such as construction workers, other contracted laborers, photographers, and musicians, are exempt from receiving workers’ compensation benefits due to the nature of their occupation and the known risks involved. Other situations where an injured employee might be denied workers compensation include:
- If the employee failed to notify their employer within their state’s specified time frame for reporting a workplace accident
- If the employee intentionally caused or contributed to the accident happening
- If the injury isn’t covered by the state’s workers compensation laws
- If the employee didn’t immediately seek medical treatment for their injuries
- If an employee exaggerates the extent of their injuries from the accident
In most workplace accidents, an injured employee is eligible to receive workers’ compensation benefits for their injuries and financial losses. However, if an employer doesn’t have workers’ compensation insurance, but is required to, or the employer isn’t required under state law to have workers’ compensation insurance, but an employee suffered severe damages, there are alternatives for recovering compensation.
What Should I Do If My Employer Doesn’t Have Workers Compensation Insurance, But I’m Injured On the Job?
The most important thing to do after a workplace accident is to gather evidence. Timecard statements, a copy of your medical report from your treating doctor, photos of the scene of the accident, witness reports, and more, can all be invaluable when recovering compensation from a negligent employer. It’s essential to keep in mind that every case isn’t eligible to recover compensation from an employer that has denied workers compensation, but if an employer is obligated under a state’s law to have workers’ compensation insurance, and an employee is injured without coverage, they are eligible to sue their employer for damages.
Workers’ compensation benefits generally offer compensation for medical expenses, lost wages, and severe emotional and mental trauma, such as PTSD and chronic pain from a workplace accident. But if an injured employee is denied workers compensation by their employer, and is eligible to recover damages for their harm and losses, they can pursue a personal injury claim with the help of an experienced lawyer.
If an injured employee files a personal injury claim against their negligent employer, it’s essential to include evidence from the accident and have a lawyer by their side. Worker’s compensation laws can be complicated, but if a situation involves a negligent employer and bringing a suit against the said employer, this is where things can become even more difficult. Personal injury claims generally have a higher number of recoverable damages involved and require a lot of back and forth negotiation between the injured employee’s insurance company and their employer’s insurer. Without a lawyer by their side, an injured employee could risk missing out on recoverable damages, recovering a lower settlement, and having their vulnerability taken advantage of during this trying time. A lawyer has your case’s best interests at heart, can protect you from the other party’s insurer, and will do everything in their power to recover the most compensation for your harm and losses caused by a negligent employer.
Talk to a Workers’ Compensation Lawyer Today
If you or someone you love has been injured on the job, and your employer has denied you workers compensation, you need to hire a lawyer. A Workers Compensation Lawyer can thoroughly assess your case, determine all of the options available for recovering compensation and offer support during this exhausting and painful time.
Christopher Dixon and the Workers Compensation Lawyers at the Dixon Injury Firm are dedicated to fighting for the cases of personal injury victims and their surviving family members, and can quickly get justice and compensation for your case. If you are ready to recover compensation from your employer that negligently denied your worker’s compensation, call (314) 208-2808, or contact the Dixon Injury Firm today to schedule a free consultation and discuss the options available to your worker’s compensation case.