Unfortunately, your employer may not believe that you got hurt at work. Injured workers often face disbelieving employers who will push their insurance companies to deny workers’ compensation claims. These situations can lead to a lot of trouble getting needed benefits.
What to Do When Your Employer Doesn’t Believe You
Imagine this scenario: you got injured at work and want to report the injury to your employer. But when you mention it to your manager, he shrugs it off and tells you to talk to HR. You approach a Human Resources representative, but she tries to convince you that you cannot have been injured at work. She asks you about activities you do outside of work that could have caused the injury. Then she says she will get back to you. What do you do?
First, you should follow up with HR and insist that the department reports your injury to its workers’ compensation insurance company. Ideally, put this request in writing. Your employer can lose its insurance coverage if it does not make a report, so hopefully your insistence will get results. If not, you should talk to the Department of Labor and Industry or consult a local attorney.
Once your employer reports the injury to its insurance company, then you should receive a notice either granting or denying you benefits. Your disbelieving employer may have communicated its skepticism to the insurance company, so your benefits could get denied. Be sure you understand the basis for the denial and properly appeal it: again, you may need to speak to a lawyer for help.
Next, you will need to fight your claim through the Minnesota workers’ compensation system. The insurance company will request documents and medical records from you, as well as potentially sending a private investigator to watch you. Its goal is to prove that you were not injured or were not injured at work. You can request that your doctor prepare a report indicating your diagnosis and its likely cause, which could help your case.
Winning Your Case for Benefits
Ultimately, you might have a difficult fight ahead to get your needed workers’ compensation benefits. A lawyer can help you build your case – familiarity with the workers’ compensation process can speed along the process. Also, make sure you keep records of all medical treatment and paperwork the insurance company sends you. Even if your employer doesn’t believe you from the start, you might need these documents later in your case.
Need help getting workers’ compensation for your injury? Joe Osterbauer, Esq. and the Osterbauer Law Firm stand up for injured Minnesota workers’ rights. Joe’s 27 years of workers’ compensation experience and his team’s speedy service combine to get clients the results they need. To schedule a free consultation, visit Osterbauer Law Firm online or call Joe’s office at (612) 334-3434.
