A person injured at work is entitled to payment for their injuries through the employer’s workers’ compensation insurance policy. Injured workers usually file a claim after an injury, and the insurer investigates before a payout is made. Accidental injuries and occupational diseases are the two primary types of workers’ comp claims, but not all workplace injuries are compensable. Below are some defenses employers may use on a claim.
Failure to Notify
Workers’ comp laws require the employee to notify the company of the injury within a certain time, which is typically 30-90 days. The notice must be given to a manager or supervisor in writing or verbally, and can be provided by doctors, relatives or another third party.
Passing of the Statute of Limitations
Every jurisdiction has time limits for filing workers’ comp claims, which are different from the notification deadline. The statute of limitations is typically more flexible in occupational disease cases, but claims must be filed by a workers’ compensation attorney in Mobile, AL within a certain time after the client’s last exposure.
Lack of Causal Link
To make a claim, the injury must be linked to the person’s employment. Common defense is to allege that the injury isn’t related to the person’s job duties. For instance, an assembly line worker could get a minor scratch but fail to care for it properly. If the area becomes infected and requires treatment, the client would likely not be able to collect.
Failure to Attend Doctor Appointments
Workers’ comp claims involve a medical exam to verify the injury and determine the amount to be paid. Failing to go to appointments can result in a claim denial or reduced payout.
Exaggeration of the Injury’s Severity
If a person claims that their injury keeps them from doing their job but evidence shows otherwise they may have to go back to work early and they may get a reduced payout.
Horseplay/Willful Negligence
If a person violates workplace safety rules or does their job while intoxicated, a resulting injury won’t be covered by a workers’ comp policy. An employer can use the horseplay defense if a claimant’s injuries stem from careless acts.
Determining the validity of a workers’ comp claim can be difficult, and it requires the assistance of a workers’ compensation attorney in Mobile, AL.
