Work Compensation Attorney Palm Beach, FL
What If Your Employer Doesn’t Want to File a Workers’ Compensation Claim?
Most states require employers to have workers’ compensation benefits for employees who are injured on the job, as a work compensation attorney in Palm Beach, FL can explain. When your employer says that they won’t file a claim, you might be wondering if you have any recourse. There are many elements to consider, so if you’re an employee who is having a problem getting workers’ compensation benefits, here are some things to know.
Workers’ Compensation Is No-Fault
Your employer may think that you don’t have a claim because the injury or accident was partially your fault. That is not true. Workers’ compensation claims are no-fault claims. That means that your negligence doesn’t mean you won’t receive benefits. Keep in mind that your employer can’t retaliate for filing a workers’ compensation claim, but they can certainly fire you for not following safe guidelines.
You Must Be an Employee
Workers’ compensation benefits are only for employees of the organization. If you are a contractor or freelancer, you probably won’t qualify under workers’ compensation. You may have to go through the company’s general liability policy to cover your medical bills when you are injured on their property. If you are classified as a contract worker, but believe that you are really an employee, you may need to contact a work compensation attorney Palm Beach, FL trusts to get the compensation you deserve after an accident.
Reporting a Claim
Another reason your employer may not want to file a claim is that you didn’t report it in time, as a work compensation attorney in Palm Beach, FL knows all too well. Generally, the rule is that you must report the accident to your employer as soon as possible. The length of time varies by state, so it’s important to know the rules where you work. If you report an injury, but your employer doesn’t ask questions or take down information, this is a red flag that they may not report it. Send an email or written documentation to your employer about your injury to create a paper trail.
When Your Employer Doesn’t Act
Your employer may not have workers’ compensation insurance as required by the state, which is the reason they don’t want to file a claim. In any case, if your employer is not cooperating, you can contact the Department of Labor in your state to take the next steps. Generally, you will be required to fill out forms that detail the problem you are having and let the workers’ compensation board take over.
You may also need to file a lawsuit against your employer to get compensation. If you are having problems getting compensation for a work injury, speak to an work compensation attorney in Palm Beach, FL, from the Law Offices of Franks, Koenig, & Neuwelt.