Employer Refuses To File Workers Comp Claim – Can an employer deny your Missouri workers’ compensation claim? If you have a difficult employer/boss fighting your claim, document all conversations by writing a short note to confirm what everyone has said. Date, sign and forward to all your bosses. Keep copies for your lawyer.
It’s great to hear a customer say that their manager completed an incident report and provided the name of the attending physician. But this is not always the case. Clients have told us of situations where supervisors refused to complete an incident report because the injury was not serious or because you did not know the exact date/time the pain occurred, even though you explained that the repetitive nature of your job caused pain on a daily basis.
Employer Refuses To File Workers Comp Claim
Many employees feel intimidated by their supervisor and continue to work in pain. Others believe that your supervisor has determined that you do not have a claim if you do not know the exact date and time. You then seek help from your doctor, but the receptionist won’t make an appointment because you claim it’s a work-related injury. You can also see a doctor and tell him it’s not a work-related injury (because you believed your manager).
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To protect yourself and your claims: You can submit your request in writing, even if your employer has refused. Type a letter or write a note. Confirm that your conversation with your supervisor: “yesterday, December 10, 2012, I reported an accident at work to you. You refused to give me an incident report. I asked for medical attention, but you also refused. As I said, I experience back pain day after day as I lift crate after crate. You said I don’t have a workers’ compensation claim because I can’t give you the exact date and time of my injury. Outside of work, I have not had a back injury. All my back pain started from lifting boxes at work. I already told you that my back hurts from lifting boxes and I asked for breaks. Once again, please refer me to a doctor.” Give a copy to your boss and keep a copy for yourself. Missouri Workers’ Compensation strictly prohibits an employer from retaliating in any way against an employee for pursuing a workers’ compensation claim. If you think your manager is angry with you for pursuing a claim, add another note: “John, I have always worked hard. We’ve been getting along for years. I have great results here. Recently, after filing a workers’ compensation claim, you and other bosses treat me with disrespect. I feel harassed and humiliated. I believe this is due to my employment claim and I request that this be stopped immediately.” Keep a copy and provide copies to all your bosses.
Some injuries can be traumatic and it is easy to know the exact date and time of the incident. Other injuries/pain develop over time as a result of repetitive job duties: daily back pain from lifting boxes; shoulder pain caused by overhead work; knee pain from constant squatting. Both types of injuries give rise to claims under Missouri workers’ compensation law. Missouri Work Comp law requires an employer to file an injury report with the Jefferson City Division of Workers’ Compensation for any employee who is injured. In the case of injuries or pain caused by repetitive work conditions, no one knows the exact date. Missouri only requires you to provide the month and year: for example, you have been going to the doctor for 6 months for back pain. You complain that carrying concrete and tools at work puts strain on your back. Finally, in December 2011, a doctor says for the first time: work burdens your back and causes pain; yes, you have degenerative changes in your back, but your job aggravates this condition and makes the degenerative changes symptomatic. In this scenario, your claim would be for repetitive use spinal injury, with the date of injury being December 2011.
Our legal team has a long history of helping injured workers get the medical attention and financial compensation they need. Contact our St. workers’ compensation law firm. Louis, Missouri to make sure your rights are protected. Call (314) 361-4300 or toll free (888) 872-6795. You can also complete our case assessment form online.
In Missouri, all employers are required by law to carry workers’ compensation insurance and cover the legitimate claims of any employee who is injured on the job. However, it is not uncommon for employers to deny workers compensation benefits because it increases their premiums.
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Employees who have filed a workers’ compensation claim but been denied compensation should first understand and investigate why their claim was denied.
If a clerical error on the part of the insurance company or employer led to the denial of a claim for compensation and benefits, the claimant can reverse the denial with a simple telephone call.
For any other reason for denial, the first thing an injured worker should do is consult with a St. Paul workers’ compensation lawyer. Louis. There are certain legal procedures and processes that require an appeal for which it is best to seek legal advice.
First, it is important that the person filing the claim understands the appeals process. In Missouri, the procedure is as follows:
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Gathering evidence, interviewing employers, co-workers and witnesses should always be conducted by an experienced workers’ compensation attorney to ensure that accurate reports are presented and documentation is accurately prepared to ensure a fair and equitable settlement.
Our workers’ compensation lawyers in St. Louis can provide you with the information you need to make the right choices so you can receive the best medical care, benefits and income. Don’t let your carrier deny you benefits. Call us at (314) 361-4300 or fill out our online contact form to request a free consultation. If your employer is not paying you and you are NOT from Minnesota, do a Google search for “Final Paycheck Lawyer in [insert your state]”
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What Is Workers’ Compensation Fraud?
Federal law under the Fair Labor Standards Act (FLSA) fundamentally protects all workers, regardless of their occupation or legal documentation status. As an employee, your most basic right under the FLSA is full compensation for work performed.
All the money you earn is yours. If your employer refuses to pay you your wages, you have every right to sue them for unpaid wages.
This also applies to employees who have left or been laid off and have not yet been paid for their last days or weeks of work. If you worked before you were laid off, you made money and you deserve to see it. Once again, these unpaid wages are a crime and you have the right to claim them.
Under the FLSA, it is unlawful for an employer to withhold pay for any reason. Even a late payment may be considered a violation of federal law.
What To Do If My Workers’ Compensation Claim Is Denied?
Employers are legally obliged to pay their employees on the next regular payday for the previous pay period. There are no exceptions to this rule, and many states have enacted laws that penalize employers who pay employees late. Simply put, on the days that you are forced to wait for your paycheck to be due, your compensation may be considered unpaid wages, giving you the right to file a lawsuit or pursue a legal claim.
In most cases, your employer can reduce your wage or hourly rate (unless it falls below the applicable federal or state minimum wage), but only if they give you advance notice.
Overall, pay cuts shouldn’t come as a surprise. If you were shocked to learn that your wages had been cut, you may be a victim of wage theft and be entitled to compensation greater than the amount of your unpaid wages.
If your employer decides to reduce your pay, you must be paid for the hours you worked before you will agree to a reduction in your old, higher salary. This also applies to cases where employees are paid by the day.
Who Do I Contact If My Employer Doesn’t Pay Me In Ny?
Let’s say you get paid on Fridays. You work Monday and Tuesday, and then on Wednesday your boss says he’s lowering your hourly rate. If you accept a reduction, hours worked on Monday and Tuesday must be paid at your original rate.
On the other hand, if your boss reduced your pay for all the hours you worked this week, she would be in violation of wage and hour rules.
For a pay cut to be legal, you must agree to the lower pay. But you can’t just say, “No. I think I will continue to work for a higher salary.” In America, where employment is “at will,” the only way to refuse a new (lower) wage is to leave.
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