When you report a work injury, you hope that your boss will take it seriously. Instead, your employer could try to deny that your injury occurred at work. This tactic is all too common, and is designed as an excuse to get out of paying you what you are owed. Even if this happens, there are ways to fight back. Having an attorney at your side gives you the power and confidence to push back against false claims that your injury didn’t happen at work.
At Ratto Law Firm, P.C., our California workers’ compensation attorneys are ready to prove your case and seek the compensation you deserve.
Why Do Employers Deny That My Injury Happened at Work?
Workers’ comp is a no-fault system. This means that you don’t have to prove your employer did anything wrong, and you could be compensated even if you made a mistake. However, you have to show the injury happened out of the course of your employment. If you can’t, then you’re not entitled to benefits.
Employers know this, and will try to avoid paying you benefits because:
- They don’t want to pay for medical treatment costs
- They want to avoid disability payments
- If there were no witnesses, its easier to try this tactic
- If the injury developed over time, its easier to use this excuse
- If you reported the injury late, they can use this as an excuse
- If you have a pre-existing condition, they can try to blame that instead
How to Prove Your Injury Happened at Work
Winning a disputed claim comes down to evidence. The stronger your documentation, the harder it is for the insurance company to deny responsibility.
1. Report the Injury Right Away
Delays create doubt. Report your injury right away to avoid any excuse the employer has to say you weren’t really hurt at work.
2. Be Consistent in Every Statement
Insurance adjusters look for inconsistencies between:
- Your initial report
- Your medical records
- Your QME evaluation
- Your deposition testimony
3. Tell Your Doctor the Injury Is Work-Related
One of the biggest mistakes injured workers make is failing to clearly tell the doctor that the injury happened at work. If your medical records don’t mention work as the cause, the insurer will use that against you. Always describe:
- What you were doing
- How the pain started
- How your job duties contribute to the condition
Doctors’ notes carry enormous weight in disputed cases.
4. Document Your Job Duties
If your employer denies the injury happened at work, detailed job descriptions can help prove your case. Document:
- Repetitive motions
- Lifting requirements
- Awkward postures
- Long hours standing or bending
- Use of tools or machinery
5. Gather Witnesses and Supporting Evidence
Coworkers can help you by confirming certain facts, such as:
- Your job duties
- Your physical condition before and after the injury
- Complaints of pain you made at work
Other helpful evidence includes timecards, emails, incident reports, and photos of the work area.
6. Request a QME if the Claim Is Denied
When there is a dispute about whether the injury is work-related, California requires an evaluation by a Qualified Medical Evaluator (QME). The QME’s report often determines the outcome of the case. A strong, well-documented QME evaluation can overcome an employer’s denial.
What If My Company Isn’t Telling the Truth?
Some companies will try to deny your injury just to save some money, or even prevent future claims. Fortunately, California law does not allow employers to block or control your claim. Even if they refuse to cooperate:
- You can still file a claim form
- You can still receive medical treatment
- You can still pursue benefits through the WCAB
The employer’s opinion does not decide your case—the evidence does.
Fight Back Against Claims Your Injury Didn’t Happen at Work: We Are Here To Help
We know that employers use this tactic to try to avoid paying the benefits you’re owed. We’re familiar with the tactic and how to fight back against it. Let us learn about your particular case and develop a comprehensive strategy to seek the benefits you’re owed.
Our team at Ratto Law Firm, P.C. provides you with the advice and representation you need. Contact us today for a consultation.