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When and Why Employers May Fight A Workers Comp Claim

Posted by: at 1:31 PM on September 9th, 2021

If you’ve been injured at work, you may be entitled to workers’ compensation to pay for your medical bills and lost wages. Even though your employer should have workers’ compensation insurance, their rates can go up if they pay out on claims. Therefore, there’s a chance your employer may fight your workers’ compensation claim, and there are a few common reasons they use to support their fight.

Claiming You Were an Independent Contractor
If you were an independent contractor and not an employee, then you are not entitled to workers’ compensation benefits. However, just because your employer says you are an independent contractor doesn’t mean that is the case. Some employers misclassify employees as independent contractors precisely to get around paying workers’ compensation. An independent contractor is not subject to the supervision or control of an employer. There are a number of factors that go into determining whether someone is truly an independent contractor, and an experienced workers’ compensation attorney can evaluate your claim.

Claiming Your Injury Didn’t Happen at Work
An employer might try to argue that you’re not covered by workers’ compensation because your injury did not occur at work. Just because you were not at your primary job site when you were injured, does not mean that your injury is not connected to your work. If you were in another location on a work assignment or at a company event (like a conference) when you were injured, then you are likely entitled to workers’ compensation benefits.

Claiming That You Were Responsible for Your Injury
If you were intoxicated or under the influence of drugs at the time of your injury, then you may not be entitled to workers’ compensation. Your employer will likely require a drug test at the time your report your injury. In addition, if you started horseplay or roughhousing at work that led to your injury, then you may also miss out on workers’ compensation. It’s important to gather information about any witnesses and the circumstances surrounding your injury to prove your employer wrong. An experienced workers’ compensation attorney can help.

If an employer is disputing you or a loved one's workers’ compensation claim for any reason, call us for a free review of the matter with our attorneys.  For over 40 years, the attorneys at LDM Law have been helping injured workers and their families get the justice and compensation that they deserve. To set up your free consultation, contact us online or call 414 276 1233 today.