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4 ways that an employer or insurer tries to dodge workers’ comp

In Pennsylvania, many workers rely on workers’ compensation for benefits such as medical coverage and wage replacement. However, workers sometimes face resistance from employers and insurance companies.

They may use various tactics to dodge their obligation to pay workers’ compensation claims.

1. Misclassify employment status

Employers may misclassify employees as independent contractors or temporary workers. By doing so, employers might argue that these individuals are not eligible for workers’ compensation benefits, thus avoiding responsibility for covering medical expenses and lost wages resulting from workplace injuries.

2. Dispute the severity or cause of injury

Insurance companies may dispute the severity or cause of the injury to avoid paying workers’ compensation claims. They may claim that the injury is not as severe as the employee or their provider alleges. Alternatively, insurers might say activities related to job duties did not directly cause the injury. This tactic often involves medical experts giving testimony that undermines the employee’s claims.

3. Fail to report or delayed reporting of injuries

Employers may fail to report workplace injuries to the appropriate authorities or delay reporting them to the workers’ compensation insurance provider. By doing so, they may attempt to avoid investigation into the incident or create doubt about the validity of the claim. This tactic can further complicate the process for the injured employee, delaying their access to necessary benefits.

4. Retaliate and intimidate

In some cases, employers may retaliate against employees who file workers’ compensation claims by demoting, firing or otherwise discriminating against them. This tactic aims to intimidate other employees from pursuing similar claims. It discourages individuals from exercising their right to compensation for workplace injuries.

These tactics can leave injured workers struggling to obtain the benefits they deserve. Recognizing these methods is important for employees to assert their rights and navigate the workers’ compensation process effectively.

Contact YOUR Workers’ Compensation lawyers for a free, no-obligation consultation to learn how we can help you. Call 610-892-9300 for English or Spanish, or reach us online.