winter injuries - file a personal injury lawsuit?

More People Are Eligible For Worker's Comp Than You'd Guess

30 October 2019 by Franklin Vasquez

Denying compensation claims for workplace injuries is an all-too-common problem in America. In fact, one report from the insurance indicates that there was a 20% rise in denied claims from 2013 to 2017. This happens despite the fact that insurers and employers end up paying out more, on average, when a claim is denied.

One of the most common arguments for denying a claim is that a person isn't eligible. Companies justify these assertions with logic ranging from fraud investigations to just outright denying that a person was in their employ. Let's take a look at some of these situations and how likely it is someone might have a case if they talked with a worker's comp lawyer about what's happening.

Contract Workers

Among the sketchier ways some businesses try to skirt worker's compensation rules is by employing people as contract workers. Usually, this applies if you get a 1099 form from the IRS rather than dealing with the more standard 1040.

Here's the thing: being a contract worker doesn't automatically exempt a company from insuring you against workplace injuries. You're only a true contract worker if you have the right to reject assignments without fear of being fired or disciplined. If you had to maintain a regular schedule, such as coming to a construction site every day at 5:30 a.m., you may be eligible even if your employer classified you as a contractor.

Reporting

Informing your employer of an injury in the workplace on time is very important. They have a right to raise questions about whether you provided information promptly. This means informing the closest supervisor you can find within a certain time, around 20 to 30 days in most states.

There are usually some allowances for reporting, though. While an immediately obvious incident, such as being hit by a machine at work, has to be reported right away, others may not need to be reported until you know you were hurt. For example, repetitive stress injuries typically only need to be reported once you know there's an issue. This is because it's hard to say when the effects of a repetitive injury became compensable.

Pre-Existing Injuries

A physical is required at most jobs to ensure comp claims aren't filed for old injuries. Your worker's comp attorney, though, can collect information and determine whether a rejection was justified. A company that knowingly allowed an existing injury to get worse, for example, may still be on the hook.

For more information, contact a worker's comp lawyer.

Share

Search