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Can your employer challenge your workers’ compensation claim?

Getting hurt at work means you can file a claim with your employer to receive workers’ compensation benefits. Most of the time, with the right information, you can get financial assistance as you recover and transition back into your job.

Under some circumstances however, your employer can challenge your claim leaving you fighting for your rights. When you know what kinds of situations could encourage your employer to challenge and subsequently deny your claim, you can strengthen your strategy to better your chances of getting the help you deserve.

Establishing a work/injury correlation

The most important thing you can do prior to filing a worker’s compensation claim is to gather evidence of a direct correlation between your job and your injury. According to Workers’ Compensation Board of New York, your employer can challenge your claim if the following applies:

  • You did not work for your current employer at the time of your injury
  • Your injury happened when you were not at work or not performing work-related duties
  • You fabricated aspects of your claim to benefit from workers’ compensation resources

Knowing what to expect

As soon as you suffer an injury at work, immediately begin documenting the details. Include a timeline of events and ask for witness accounts when available. Evidence can add valuable context to your claim and guarantee the believability of your story.

By law, your employer must report your injury as soon as possible to the appropriate insurer. Their failure to do so could result in fines and other legal consequences. You should expect consistent and informative communication from your employer to help you prepare for the next steps in receiving and using your workers’ compensation benefits. Upon your return to work, your employer should provide the necessary resources to aid in your return and allow you to perform your job safely and effectively.

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