You got injured at work and applied for workers' compensation from your employer. However, they denied the claim, stating that they believe you faked the injury. This situation can be very frustrating, but an appeal can help you get over it in a simple and beneficial way.
Why an Employer Disputes Compensation
In most cases, an injury that occurs in the workplace will be covered by an employer's compensation insurance. Most employers rarely deny any claims because they pay their insurance dues and have this policy for a reason. However, some employers may deny a claim and leave you stuck in a tough situation.
For example, the employer may state that you hurt yourself on purpose in order to get benefits. They may also try to claim that the injury either didn't happen or that you exaggerated its effects. This situation is very frustrating because it slams the door on your claims without warning.
Why would an employer make this claim? They may not respect or trust the employee. Or, they may think that the employee is trying to cheat the system. Some employers make this claim on every workers' compensation situation to try to wait out their worker. However, an appeal should help in this situation.
Appeals Can Help You Stay Solvent
If your employer denied your workers' compensation claim because they believe that you faked the injury, you need to appeal the decision right away. The process for this appeal will vary from state to state, but it usually follows a pretty specific approach that streamlines everything.
For example, you typically go through a mediation process before you go to a trial to talk with the employer and the state to see what is happening. You can show various items, such as various medical papers, showcasing the extent of your injury and how it occurred at work.
But if a mediation fails and you go to a trial, you will still be receiving some form of benefits. Typically, you'll get a reduced amount – often around 70 percent – which can help you stay financially-solvent. And if you prove that your accident wasn't faked, your employer will have to pay the difference to you. As a result, appeals are almost always a great decision.
So if your employer is being difficult about your workers' compensation because they believed that you faked the injury to get payments, you need to talk to a worker's compensation attorney to learn more about the appeal process. They can help you collect evidence and prove that your injury was the fault of your employer.