What To Do When Your Employer Denies an Injury Claim


If you’ve been injured on the job or cannot attend work for any reason, sick leave, workers’ comp and short/long-term disability payments help ease the recovery process by helping to cover the cost of medical expenses and/or lost wages in different ways. However, if your employer does not hold up their end of the bargain by denying your claim, suing employer for injury may be the only recourse available.

Denied Sick Leave

Calling in sick may result in having to use up vacation days, paid time off or unpaid time off, depending on company policy. However, an employer taking disciplinary action against an employee in retaliation to taking a qualified sick leave can be ground for legal action. Lawsuits can also arise from employers simply refusing to allow sick leave for certain types of illnesses.

Denied Workers’ Comp

For those injured in the scope of the job, workers’ comp provides payments for all expenses related to medical treatment and recovery in addition to lost wages. If your employer chooses to deny a workers’ comp claim and you have done everything correctly on your end, you can appeal the decision within a state-specific timeframe. An experienced workers’ comp attorney can maximize your chances of reaching a satisfying settlement.

Denied Disability Insurance

Short-term disability, which turns into long-term disability after about a year, provides a portion of your income while you recover from injury unrelated to the scope of work. For a denied claim, have a doctor provide in-depth documentation to those on the appellate board and make sure that you are on track to complete all recommended procedures. Anything short of these steps may be the cause for a rejected claim.

Your health is paramount, even if it means that work attendance must be sacrificed. Make sure to go over any employee benefits with the company’s human resources department, and invest in high-quality insurance plans, if offered. Should the need to cash in on these plans ever arise and your employer decides not to hold up their end of the bargain, it may be time to call a lawyer.