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3 Common Ways Employers Try Denying Workers Compensation Claims


As with all insurance policies, injuries may result in higher premiums, which your employer will likely want to avoid.

If you get injured at work or get sick, you generally have the option of filing a worker’s compensation claim and get medical treatment, time off work, and other benefits to help you get through this.

Worker’s compensation works as an insurance policy. Your employer purchases this coverage from a private insurance company, which will pay for your benefits. However, as with all insurance policies, injuries may result in higher premiums, which your employer will likely want to avoid.

workers compensation claim denied

Watch out for these 3 defenses employers may use to deny your claim:

1. Saying It’s Your Fault

Worker’s compensation is a no-fault system, meaning it does not matter who is at-fault for the injury. Even if you made a mistake that leads to a workplace accident, you are generally still legally entitled to worker’s compensation benefits.

Of course, many injured employees may not fully understand this key principle of worker’s comp, and end up not filing a claim because the accident is their fault. However, typically the only way to get denied from a fault perspective is if you intentionally hurt yourself in order to receive worker’s comp.

2. Arguing Your Injury or Illness Is Not Work-Related

Slip and falls are only a fraction of the potential types of workplace injuries or illnesses. In some cases, the link between your condition and your job may not be so clear, in which case the employer can push back claiming that you are not eligible for compensation.

Mental health conditions, for instance, are a good example. In Missouri, you are entitled to compensation for mental health conditions, but you will likely have to prove they have resulted from your job. In such complex cases, it’s best to talk to a St. Louis worker’s comp lawyer and have them represent you.

3. Claiming You Were Not Physically at Work

For most jobs, a work-related injury takes place at the place of employment, the physical space in which the employee must perform their job. However, some professions require the workers to be on the move, such as delivery workers who may have to travel through the entire city in a workday.

You may be eligible for workers’ compensation benefits even if you are not physically at your place of employment, provided you were working at the time. So, if you were making a working delivery and get injured, you may still be eligible for compensation. If you normally work at a desk, but your boss sends you somewhere else to pick up a package, you still get compensated because you were following orders.

Do You Need a Workers Comp Lawyer?

Did your boss tell you you’re not eligible for worker’s compensation? Before you give up, speak with an experienced workers comp attorney and have them look over your case. Your employer may have been intentionally trying to prevent you from filing a claim, in which case you can fight back.

Updated: September 14, 2020
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