Understanding And Handling A Worker's Compensation Dispute
Dealing with a workplace injury is not a pleasant process. Not only will you need to experience the physical and emotional effects, but a workplace injury may also affect your ability to work and earn an income for yourself and your family. Thankfully, worker's compensation is possible. However, many worker's comp claims may be disputed by the actual employer and their insurance company. If your claim is being disputed, this guide will help you understand why and what you need to do to ensure you receive compensation for your injury.
Common Reasons for Disputes
Most workers are able to file a claim for worker's compensation benefits and begin receiving these benefits soon after their injury. Unfortunately, there are instances where the employer and their insurance company will attempt to dispute your claim.
One common reason why the employer may dispute your claim is if they believe your injury did not occur in the actual workplace or while performing your job. In these situations, your employer and their insurance company may believe the injury occurred outside the workplace, which would not permit the distribution of worker's compensation benefits.
Another reason why your employer may dispute your claim is if they believe you have fabricated or embellished your injury.
If your employer and the insurance company believe you were under the influence of drugs or alcohol or you were not "of sound mind" when the injury occurred, your worker's compensation claim may be disputed.
Handling a Dispute
If you have recently received a notification that your worker's comp claim is being disputed, it is important to remain calm. Avoid any unnecessary stress especially since you are already dealing with the physical, emotional, and financial issues that stem from your injury.
Your best option is to contact an attorney who not only specializes in worker's compensation cases, but also has experience and knowledge in dealing with disputes on these claims.
Schedule a consultation with an attorney immediately. Make sure to bring all documentation related to your injury including a copy of the injury report and all medical records. If you have visited multiple medical professionals, including specialists and physical therapists, the attorney will need copies of these reports, as well.
You and your attorney will schedule a hearing with a judge who will be the one to determine if benefits should be administered and how much your compensation will be.
A dispute can slow down the process of receiving compensation, but fighting this dispute is possible. With this guide and the help of your workers compensation defense attorney, you can receive worker's comp benefits.