What Should I Do if My Employer Denies an Injury Happened at Work?

When you are injured at work and report the accident to your employer, you may be upset by their reaction. If they attempt to downplay your injuries or ask you not to file a claim for workers’ compensation, this can put you in an uncomfortable situation. Additionally, if you do file and your claim is denied because your employer alleges that the accident didn’t happen while you were on the clock, you may be unsure of your legal options. The following blog explores what you should know about these frustrating matters, including the importance of working with an Illinois workers’ compensation denials lawyer to assist you in understanding your rights.

Why Might My Employer Dispute My Claim?

Unfortunately, the most common reason that claims are denied is because the employer disputes when the injury occurred. In many instances, they may claim that the injury you are suffering from did not happen at work and thus you are ineligible to file a claim for the damages you’ve incurred as a result.

Unfortunately, even if your injury did happen at work, your employer may attempt to deny this to avoid an increase in their insurance premiums. Even though workers’ comp is no-fault insurance, their carrier may increase how much they pay monthly. To avoid this increased expense, they may dispute your claim.

As such, your employer may claim you suffered the injury outside of work or that you are ineligible for compensation because you were engaged in horseplay or other non-work-related activities at the time the injury occurred.

Do I Have Any Legal Options?

If you are injured while on the job, it’s imperative to take the necessary steps to protect yourself immediately after the accident. As such, you should immediately report the accident to your employer and file a report to ensure that the circumstances of your accident, as well as when it occurred, are documented. If you are physically able to do so, you should take photos and videos of the accident scene, as this can help serve as additional evidence to support your claims.

In the event your employer refuses to file the claim with their insurance company on your behalf, you can file a claim directly with the Illinois Workers’ Compensation Commission. The sooner you can file, the better it will be for your case. In the event your dispute is denied, you have the right to appeal the decision.

To file an appeal, you’ll generally need to submit a written statement explaining why you are disputing the claim and providing additional evidence and context about why you disagree with the denial of your claim.

If you are ready to file a dispute over the denial of your workers’ compensation claim, it’s imperative to connect with an experienced attorney. The Law Firm of Kevin A. Moore understands how difficult these circumstances can be to navigate, which is why we are committed to helping you in the fight for the compensation you deserve. If your employer has wrongfully disputed your claim, do not hesitate to contact our team today to learn how we can assist you.