Worker’s compensation is an insurance policy that employers must buy for each employee. Worker’s compensation claims end up costing an employer through increased premiums. As a result, businesses have a financial incentive to either not pay claims or to minimize their costs. And they have an option under Oregon workers’ compensation law to do so.
When you suffer an injury on the job, you may be able to receive compensation from your employer through a workers’ compensation claim. You don’t have to show that your employer was at fault in order to get benefits under workers’ compensation laws. If you file for a workers’ compensation claim and you can be paid even if you were somewhat responsible for the accident that led to your injury on the job.
Of course, there may be situations when your claim is challenged. There are a few possible reasons why this might happen that you should be aware of. This might leave you feeling confused and uncertain about how to move forward with your claim. When your claim for workers’ compensation in Oregon is being contested, having our experienced workers’ compensation attorneys on your side can give you peace of mind and answer all of your questions.
Reasons for which your employer is disputing your workers' compensation claim
Your employer has the option to reject your workers’ compensation claim if they uncover evidence of wrongdoing on your part. That they disagree with you is clear from their response. However, they can’t do it for no cause at all. If your employer or their insurer is disputing or denying your workers’ compensation claim, they must do so for a valid cause.
Oregon law mandates that all businesses have workers’ comp insurance. When an employee has an injury while on the job, the company has five days to file a claim with its insurance. Sadly, not all companies are that considerate. We’ve seen employers try to persuade hurt workers to wait until “the end of the season” to file claims, among other excuses. This might be detrimental to a claim because employees only have 90 days from the date of the injury to submit a claim. Your claim may be jeopardized if too much time has passed or if an injury you once considered minor turns out to be more serious. You can get help filing a claim with the Oregon Workers’ Compensation Division if your company isn’t giving one.
Some valid reasons might be made against your claim by the employer. These are:
· You failed to submit your claim before the deadline passed.
· You filed your claim incorrectly or the accident didn’t take place on the job.
· Worker’s compensation laws in your state do not cover your type of workplace injury.
· The employee resigned from their position before the filing of the claim.
Filing an Appeal to a Workers’ Compensation Claim Disputed by Your Employer
You may believe that a denial of your workers’ compensation claim is the final word, but that is not always the case. The decision your employer or their insurance provider made on your claim may still be subject to an appeal. Your claim may be denied if they based their judgment on one of the aforementioned factors. Having our experienced workers’ compensation attorneys on your side is beneficial because they can advise you on whether or not to appeal the decision in question.
You may file an appeal if you believe that the denial of your claim was based on faulty reasoning or that you are entitled to benefits. A letter explaining the basis for disputing your claim should be sent to you, together with the information regarding how to file an appeal.
Together, we can make a difference. A workers’ compensation claim is not something you should have to handle on your own. This is especially true if your claim is being contested for a reason you don’t believe applies. Our experienced Portland workers’ compensation attorneys at Aldrich Law have over 12 years of expertise in workers’ compensation matters. We can help you by filing an appeal to your workers’ compensation claim which has been disputed by your employer. Our experienced Oregon workers' compensation attorneys can be contacted here.