When you get injured on the job, your main concerns are likely how you will provide for your family while you are sidelined from working and how you can heal faster. Workers’ compensation gives you peace of mind during this time by paying a portion of your regular wages as well as covering medical bills.
While employers in Pennsylvania are required to offer workers’ compensation to their employees, they don’t make it easy. The insurance companies that pay out the benefits want to make sure the payments are justified. They may attempt to prove you don’t deserve the payments in order to save themselves money.
Sometimes employers even resort to tricks to try to discredit your claim. Here are a few tactics you may see your employer use to deny your benefits.
Common Employer Defenses to Workers’ Comp Claims
Your employer may try to blame you for the injury, arguing you don’t deserve benefits because of your own negligence. Your company could claim:
- You engaged in horseplay on the job that led to the accident.
- You were under the influence of alcohol or illegal drugs at the time of the accident, which caused you to get hurt.
- You did not take proper safety precautions that were required by your employer and would have protected you from injury.
- Your injuries were self-inflicted.
Another common argument is to claim that you did not follow the procedures necessary to make a workers’ compensation claim. For instance, all injuries should be reported as soon as possible to your supervisor. Your employer may argue that you didn’t report your injury in a timely manner. If you filled out a form incorrectly or missed a deadline, they can also claim that you did not follow proper procedures and don’t deserve benefits.
Employers may also imply you are lying in an effort to avoid paying benefits. They could suggest you received your injury off the job and then tried to pass it off as a work-related issue. Or, they could claim you are not injured at all, and merely making up a story to try to get time off from work.
An employer may not even report your injury to its insurance company, attempting to pay your claims out of pocket to avoid the spike in premiums that can come with a workers’ comp claim. In these cases, your employer may offer money up front for your medical expenses in return for not pursuing workers’ comp benefits. While it may appear your company is looking out for you, it is just trying to pay the least amount possible for your case.
Get Assistance With Tricks Employers Use in Workers’ Comp Cases
The oftentimes deceptive practices of employers trying to avoid paying workers’ compensation benefits can confuse you as you attempt to claim the money you are owed. Enlisting a lawyer to fight for your case can save you time and money. Frommer D’Amico can assist you during this trying time. Our firm only takes workers’ comp cases, we only represent workers, and we charge lower fees. Contact us online today or call 717-400-1000 to set up a free initial consultation.