If you are injured on the job, you are required to tell your employer. By law, they are required to provide you with a claim form. This claim form must be filled out and is then sent to the insurance company will open a workers compensation insurance claim. However, if your employer feels like you were not injured on the job, they can make this process a bit more difficult and in some cases, may even refuse to give you a claim form. Here is a bit of information you need to know if your employer is stating you were not injured on the job.
Create a Paper Trail
If you were injured on the job, you may think to tell your supervisor or human resources department about the incident. However, in addition to this, you always want to put it writing what happened and that you were injured on the job. You may want to mail this certified or send it via email. Once your claim is reported to your employer, there are only so many days an insurance company has to investigate your claim. The number of days varies from state to state. But, if your employer does not report the claim to the insurance company, your claim may be automatically accepted later simply because you can prove you did report the claim. If it isn't in writing, it is much harder to prove.
Retain an Attorney if an Employer Won't Give You a Claim Form
If your employer insists that you were not hurt on the job, you may have to retain a workers compensation attorney to help with your claim. An attorney can figure out who your employer is insured through and file the claim directly through the insurance company, bypassing your employer. Unfortunately, it can be challenging to figure out who your employer is insured by yourself, so it may be best to leave it to an attorney if your employer is not providing you with the proper forms.
Be Prepared for a Possible Delay From the Insurance Company
If your employer does feel like you were not hurt on the job, your claim can be delayed by the insurance company. This gives them time to investigate your claim. During this investigation they may look at your past medical records, past insurance claims and any information your employer provides them as to why they feel your injuries were not caused by your employment. If your employer has flat out told you that they do not feel you were injured on the job, there is a good chance the insurance company will take the time to delay your workers compensation case to investigate it.
Some employers are cautious about employees filing workers compensation claims. It can cause their insurance rates to increase. As such, they may fight and argue as to whether your injuries were really caused on the job. However, it is not their place to do so. The insurance company has the right to investigate the claim, but your employer does not. If your employer is making things difficult for you, a workers compensation attorney like Prediletto, Halpin, Scharnikow & Nelson, P.S. can help you file your claim and learn what to expect during the investigation process.