Employers attempt unethical actions in order to reduce insurance costs. Since workers’ compensation is required for all employers, some employers take measures to prevent these claims. They could deny the opportunity to file a claim altogether in some instances.
Identifying an Employee-Employer Relationship
In order to file a claim through workers’ compensation legal services, the claimant must identify an employee-employer relationship. All workers who perform job duties at the business location and remote areas in which the employer sends them qualify for coverage. However, if the worker is under a contract in which they are a self-proprietor, they aren’t covered under these policies. If the employer reassigns a worker to a location that isn’t connected to the company, the employer could deny an employee-employer relationship.
How Does an Injury Qualify?
The injury must occur inside the business location or in an area designated as a workplace. For example, construction workers who are building a property in a subdivision are covered under workers’ compensation insurance. While they aren’t working at the business location, they are working in a designated workplace. Commercial vehicles used by workers while performing job duties qualify as a workplace.
Any injuries that occurred outside of these areas won’t qualify. If the employer can prove that the worker became injured somewhere else, they could discredit the claim.
Who Can File a Lawsuit?
Employees who are denied benefits have a right to file a lawsuit. However, they must prove that they are an employee and have a qualifying injury. In most cases, they’ll receive the opportunity for an appeal first. If the appeal hearing doesn’t produce a settlement or benefits, the worker may file a formal claim. However, they must file the claim within a two-year period to avoid forfeiture under the statute of limitation.
Employees who are injured on the job should seek compensation after denial of benefits. If the employer refused to file a claim, the employee could have additional cause for a lawsuit.
