What To Do if Your Employer Denies That Your Workplace Injury Happened on the Job
Did you suffer an injury while at work, only to have your employer deny that it happened on the job? You are not alone. It is common for employers and their insurance companies to dispute valid workers’ compensation claims. They may deny that an injury is work-related to avoid liability or reduce costs. However, if your employer denies that your injury is work-related, it does not mean you lose your right to workers’ compensation benefits. There are steps you can take to protect your rights and pursue the benefits you deserve.
- Understand the Reason for the Denial
The first thing you should do if an employer denies that your workplace injury happened on the job is to understand why. Employers can deny that an injury happened on the job for various reasons, including the following;
- Late reporting of the injury
- Lack of witnesses to the incident
- Pre-existing injury
- Insufficient medical evidence
- Discrepancies in your medical records
- Accusations from, for example, co-workers, that the injury happened outside of work
By reporting your injury promptly and ensuring you have sufficient and consistent medical records, you can reduce the likelihood of an employer denying that your injury is work-related. However, keep in mind that your employer may be making these claims to delay or discourage you from pursuing compensation. Understand the reason for the denial and prepare to challenge it.
- Seek Immediate Medical Attention
If you haven’t already done so, promptly obtain medical treatment. Inform your doctor exactly how and where your injury happened, and ensure they document in your medical records that the injury is job-related. Your doctor’s notes will be vital evidence in your workers’ compensation claim. Additionally, follow your doctor’s orders as failure to do so can weaken your case.
Vermont law allows employers to direct injured workers to a company doctor for their first medical visit. However, after that visit, you have the right to change doctors.
- Gather Evidence
Evidence can help you prove to your employer that your injury is work-related. Clear, organized evidence can make it hard for your employer to deny the facts. Therefore, gather and preserve all evidence related to your injury, including;
- Your account of when and how the injury happened
- Pictures of the accident scene and your injuries
- Witness statements or names of co-workers who witnessed the incident
- Medical records, including your doctor’s notes
- Contact a Workers’ Compensation Attorney
If your employer denies that your injury happened on the job, one of the most important things to do is to contact an experienced workers’ compensation attorney. A skilled attorney can help you gather strong and factual evidence. Having an attorney by your side can send a strong message to your employer that you are serious about asserting your rights and pursuing the benefits you are entitled to. If your employer tries to retaliate against you, an experienced workers’ compensation attorney can help protect you.
If your employer is denying that your injury is work-related, don’t give up. By understanding the reason for the denial, seeking medical attention, gathering evidence, and working with an experienced attorney, you can fight back against an unjust denial and recover the benefits you are entitled to.
Contact a Vermont Workers’ Compensation Attorney
Is an employer denying that your workplace injury happened on the job? Contact our experienced Vermont workers’ compensation attorney at Sluka Law PLC for personalized assistance.
Source:
labor.vermont.gov/workers%E2%80%99-compensation/injured-workers/claims-filing#:~:text=3.%20Your%20employer%20may%20direct%20you%20to%20a%20company%20doctor%20for%20your%20first%20medical%20visit.%20After%20that%20visit%20you%20may%20pick%20your%20own%20doctor%20by%20filing%20a%20Form%208%20Change%20of%20Health%20Care%20Provider.%20
