If Your Workers Comp is Denied You Have Options

August 8th, 2017

Q: I was hurt on the job while lifting a large item. My employer denied my workers’ compensation claim because the employment handbook says that I was supposed to have a coworker help me lift something that weighed over 100 pounds. We lift things over 100 pounds all the time. Were they right to deny my claim?

A: No. Workers’ compensation law is considered “no fault.” That means that if your injury arose “in the course and scope of your employment” you are entitled to compensation regardless of fault. Workers’ compensation insurance arose as a compromise between employers and workers, primarily through labor unions, which protected employees from on-the-job injuries without requiring them to file legal action to recover for their damages. The employers are protected from court actions while the employee is covered for all work-related injuries regardless of fault. You should immediately contest the denial of your benefits. You can contact an attorney who practices workers’ compensation law for help at no cost to you.


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