Can A Kansas City Employer Refuse To Pay A Workers' Compensation Claim?

Workers’ Compensation is the insurance policy your employer has in case someone is injured on the job. It covers your medical and other expenses related to the accident, as well as part of your salary for the time you are unable to work.

Employers in Missouri are required by law to pay for the insurance as well as the claims, and in return, employees give up their right to sue for their injuries.As an employee, you have 30 days to report your injury to your employer and two years to file a claim. Most people would notify their employer immediately. But it’s not uncommon to hear stories of individuals who have been stalled, refused, and otherwise denied their valid worker's compensation claim.Insurance companies are in business to make money. When an employee files an accident claim for Worker’s Compensation, the employer also has to pay that claim. Both the insurer and employer will look for ways to avoid paying anything they can, leaving you to deal with your injuries on your own.

Employer Retaliation

Employers are not allowed to outright deny a claim without a legitimate reason. There are cases where an employer retaliates against an employee after a workers compensation claim, such as:

• Termination
• Bad performance reviews
• Denying a promotion
• Failing to make reasonable accommodations while you are injured in compliance with the Americans With Disabilities Act.

You have rights as an employee, including medical treatment from a physician you choose. An employer may not deny them. If they do, you may need assistance from a Kansas City Workers Compensation attorney.

Why Your Claim May Be Denied

There are a number of reasons why your legitimate claim could be denied, and your employer refuses to pay:

1. You didn’t report it right away. Some may view a report more than a few days afterward as suspicious, even if you had 30 days to report it. The sooner the better, since anything can happen in that period.
2. You didn’t file your claim properly. This is separate from notifying your employer, and you have two years to file.
3. The report was filed after a termination. If the company fires you after an injury, even reporting it within the 30-day period, could look retaliatory. The claim is more likely to be denied even if it is valid, but because it came after termination. (See more about employer retaliation below.)
4. There were no witnesses to your accident. This is another reason to report the accident, as well as telling a coworker or two about what happened.
5. Your injures were not related to your job. This frequently used excuse can be disproven with medical evaluations when an employer claims that the injury occurred during any time away from work.
6. You did not receive or continue medical treatment. If you have suffered a work-related injury, it’s important to continue receiving medical treatment for your condition, or the insurer can claim that you were not really injured.
7. There are discrepancies between your accident report and medical records. Insurance companies investigating a claim look closely at all related evidence. If there are any discrepancies between what you say happened and what a doctor says, the insurer will likely deny the claim.
8. You declined to give a statement and/or release your medical records. You aren’t required to do either, but if you are asked, it may be time to speak with a worker’s compensation attorney.

Working with an experienced Kansas City Workers Compensation can help you build your case against a denied claim and possibly retaliation on the part of the employer. You’ll need to prove that you had a legitimate claim and were entitled to compensation, filed the claim within the appropriate time frame, suffered retaliation shortly afterward, and that the employer intentionally retaliated for the claim.If you’re unsure of your rights or believe you’ve been unfairly treated as a result of the claim for Workers’ Compensation, contact an expert Kansas City attorney to discuss your legal options.

Help With Your Kansas City Workers Compensation Claim

Being injured on the job is difficult, but when your employer makes it harder, you may feel like giving up. You’re entitled to Workers Compensation and the benefits it provides until you are able to return to work.Since 1918, The Popham Law Firm has been representing people just like you in Workers Compensation claims. We’ll be happy to review your case, let you know if you have one, and how to proceed. Contact us at (844) 243-2288 or (use our online contact form) to get started.