What Are Your Workers’ Compensation Options When Your Employer Is Uncooperative?

When you are injured or otherwise harmed on the job, you probably expect your employer to take all of the necessary steps to protect and reimburse you for your pain, medical care, and time lost. Workers' compensation insurance exists specifically for this purpose, but, unfortunately, many employers try to get around claims in order to keep their rates low. If you have recently been injured as a result of your employer's negligence and feel that you are not being given the compensation you need, you may need to arm yourself with an experienced workers' compensation lawyer to see that your claim is filed and reimbursed properly. 

Recognizing Signs of Negligence 

Injuries on the job site should automatically be documented and filed by your employer, who has a legal responsibility to file workers' compensation claims on your behalf. Once your boss is aware of the incident, the case should go to the insurance company to be resolved. The issue many employees run into, however, is an employer who refuses to file the claim on their behalf, in a misguided effort to keep their insurance premiums low. 

Communicating With Your Employer

Whenever you suspect that your claim is not being handled correctly, you should first try to speak to your employer about it directly. It may be a simple misunderstanding, but in any case you will need to know where your company stands before moving forward within the legal system. It is better to register these concerns in writing so that they may be used as evidence later on. If you find that your employer is being threatening or asking you to skip the care you need for the good of the business, it's time to call a lawyer instead. 

Collecting Your Own Evidence

Once you know that you are dealing with a difficult employer, you can no longer assume that your workplace has collected and retained the evidence you need for your claim. You will need to gather your own medical records and any reports you filed personally to prove that your injuries are both significant and a result of your employment. This is also the time to compile evidence of obstructionism on the part of your employer. By this point, you should already be speaking with a lawyer about the specifics of your situation. 

Moving Forward With a Legal Case

Generally, once a company understands you mean business, it will back down and file an appropriate claim on your behalf. Sometimes, though, it is necessary to move on to court to seek justice. Having professional legal representation is critical not only for navigating the legal system, but also to let your employer know that you take your rights seriously. If you aren't sure whether or not your case is strong enough to press, call your local workers' compensation lawyer today to begin going over your particular claim in detail. 


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