Fighting For
Employee And Union Rights
Fighting For
Employee And Union Rights

What to do if your employer denies your claim

On Behalf of | Oct 25, 2022 | Workers' Compensation

Employers and insurance companies can deny workers’ compensation claims for several reasons. Usually, it is because the insurer or the employer does not believe the employee’s claim is a valid one. Sometimes they, the employer or insurance company, wrongfully denies a claim because they are dishonest and do not want to pay. However, this does not have to be the end of your claim.

It is wise to seek the assistance of an attorney for these claims and appeals as they usually involve a more profound knowledge of the law and going to court.

If you become injured at work, you should receive workers’ compensation benefits because that is the purpose of workers’ compensation insurance. However, the employer or insurance company can claim that:

  • The injury is pre-existing
  • The injury is not work-related
  • The injury is age related

This list is not exhaustive. An employer or insurance company may deny your claim for many other reasons. While these reasons can be valid in some instances, it is essential to understand why the insurer is unwilling to pay and to request the basis upon which their decision was made.

Steps you can take if your claim is denied

Once you understand the reason behind the denial, you can consider the following possible options to seek a different outcome:

  • You can work directly with the employer or insurance company providing additional information such as medical records, objective testing, witness statements, etc.
  • You can file for mediation and allow a State of Michigan appointed mediator try to help you and the employer or insurance company resolve any outstanding issues.
  • You can file an application with the State of Michigan essentially filing a lawsuit against the employer or insurance company allowing for a Magistrate appointed by the State of Michigan to resolve your claim.

Dealing with an injury and a workers’ compensation claim can be tiresome. However, it is essential to consider your health and your rights. Ultimately, it is up to you to advocate for yourself by choosing what to do.