When Workman's Comp Insurance Won't Pay

Workers? compensation insurance is a good protection for employers and employees alike, but there are situations where workers? compensation does not apply. Depending on the employment relationship, there may be some options when a worker is injured and there is no compensation insurance coverage. This is usually a situation where an employee has been subcontracted or the employer has failed to provide the appropriate amount of workers? compensation insurance required by law. Workers? compensation insurance companies can also deny a claim based on validation of the workplace status of the injury. Documentation is crucial in these claim cases and can still leave the injured employee with little legal recourse.

Identify the Actual Employer

Many workers are injured in workplaces that involve multiple parties. This is especially true in contracted employment situations, such as construction jobs. The actual employer is the party that is required to carry workers? compensation insurance. Self-employed workers are responsible for their own workers? compensation and professionals should always carry some form of workers? compensation insurance. Most states specifically state this in legislation, setting the company size of insurance compliance at one employee. The party that issues the paycheck is normally the employer, but that is not always the case in subcontracted workplaces. Always know exactly who is your actual employer.

Contesting a Workers? Compensation Denial

A denial of a workers? compensation claim is not the end of the claims process. Very often, it is the beginning. An attorney cannot actually represent a client until the compensation claim is denied, but an initial interview and case evaluation can begin beforehand. It is always a good idea to consult with a workers? compensation attorney when experiencing any injury. There are many instances where there are multiple respondents that the injured worker may not realize. It is not unusual for an insurance company to deny a compensation claim, as in the rash of Chartis workmans comp claim denials. There is a process that allows the injured party to apply for the adjudication of the claim, which is filed with an administrative law judge.

Reporting a Non-compliant Employer

It is illegal for an employer to conduct business without workers? compensation insurance. Small companies that pay by check have established a documentation trail, though oral employment agreements are only enforceable contracts in minimal money transactions. Payment for work services can be problematic, but an employer that can be reasonably established in court can experience considerable financial damage from fines and automatic negligence. They could possibly be open to standard civil liability claims from an injured worker as well, so do not assume that an injury suffered while working for cash is without recourse. If an attorney is necessary, the employer could also be liable for the repayment of attorney fees beyond compensatory or punitive damages. Always be prepared and willing to contest a denied claim if there is a reasonable opportunity for remuneration.

Standard property liability laws can also be applicable in some instances, depending on the activity and landowner involvement in the process that resulted in the employee injury. Even in self-employment cases where the worker does not carry their own compensation insurance, the landowner or employing party could be held liable for physical injuries suffered on the property. Experienced and effective personal injury lawyers know where to investigate and how to establish a basis for a negligence claim in these informal employment situations.

Author Jeanetta Champion, is a self-employed worker, and contributes this article to promote awareness about the?intricacies of workman?s compensation.? An insurer has to?treat injured workers fair.? If you have had a Chartis workmans comp claim denied or unduly delayed, any lawyer at Doyle Raizner can help and explain your legal options.

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Photo Credit:?http://www.flickr.com/photos/kryddle/1403518938/

Source: http://fordifferent.com/when-workmans-comp-insurance-wont-pay

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