Many employers are understanding and responsive when it comes to workers’ compensation claims. They approach the matter from a position of trust, knowing that if they treat their employees well, their employees have less incentive to try to file a false claim.
However, there are some employers, even those that appear ethical, who deny workers’ compensation claims for dubious or outright wrong reasons. Here are a top few.
Your claims cannot be verified
A claim such as carpal tunnel syndrome or even back pain might not arise from a single obvious triggering incident. Rather, these conditions could have built over time and even led to chronic pain, which is a complicated issue to prove in itself. So, an employer might say something like, “It is impossible to prove what caused this injury/problem.” Similarly, an employer might say or add, “The triggering incidents could have happened off the job too.”
The reality is that attorneys are well-versed in getting workers’ compensation claims approved, and they know which approaches or strategies may lead to a claim getting approved. For example, going to a doctor who understands carpal tunnel syndrome deeply and who knows how to write the right terminology in reports can help.
Costs might rise
If a certain number and type of workers’ compensation claims are filed, your employer’s insurance rates might go up (like they probably would for you after a series of car accidents). So, an employer might deny your claim by giving an unrelated reason, but the genuine reason would be financial. Some employers might be direct and say, “We cannot afford to,” or “We do not carry workers’ compensation insurance.” It is important to know that in California, employers must have this type of insurance, and every worker with a valid claim deserves the support asked for.
You are not an employee
Some companies say, “You are actually an independent contractor, so we do not have to give you workers’ compensation.” In many cases, you are a genuine employee, so think long and hard about believing an employer who says this.