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Reasons Employers Dispute Workers' Comp Claims

As an injured employee, it is important that you receive compensation for your injuries to support you and your family while you are recovering. It is possible, however, that your workers’ compensation claim may be disputed by your employer. Here are some common reasons that may drive your employer to fight your claim.

Premium Costs

Insurance can be expensive. The more workers’ compensation claims that are filed, the more expensive insurance costs are for employers. When more workers than estimated file claims, the premiums of workers’ compensation insurance can increase drastically. This can also occur if a single employee requires significantly expensive medical treatment. Because of the costs of insurance, it isn’t uncommon for employers and insurance companies to use an investigative agency to monitor the daily activities of workers who have filed claims.

Employer Bias

Your employer may not believe that you were injured as a result of your job, or may not believe that your injury is serious enough to merit workers’ compensation benefits. This is especially common in cases involving cumulative trauma injuries, such as carpal tunnel syndrome. Your employer may believe that employees who file for repetitive stress injuries, lumbar back injuries, or other cumulative trauma injuries are “malingering,” or feigning injury or illness to gain financially.

Inexplicable pain is a condition that has significant employer bias against it. When pain cannot be completely verified by medical examination or verified through imaging tests or nerve conduction studies, it can be called into question by employers who are seeking to avoid paying for a workers’ compensation claim. Many medical conditions are difficult to objectively verify, though, which may mean a deserving employee can be denied benefits.

At Berry, Smith & Bartell, a Professional Law Corporation, we understand the needs of injured workers. Our team is ready to guide you through this difficult time, and help you receive the compensation you are entitled to. Our Bakersfield workers’ compensation attorneys have more than 60 years of combined experience to help you, and we are proud of our successful track record in assisting injured workers and their loved ones through their claims.

For a free case evaluation with Berry, Smith & Bartell, a Professional Law Corporation call 1-800-848-6288 today!

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