Betty, Neuman & McMahon, P.L.C.

Common defenses to a workers' compensation claim

It is important to be able to know what to do when an employer is faced with a workers' compensation claim that they believe is not valid. Defending against invalid workers' compensation claims is important for employers to be familiar with.

The two primary types of claims that are made are claims for accidental workplace injury and occupational illness. Not every injury occurring at work, however, may be compensable which is why employers must be familiar with workers' compensation defense. Reasons that a workers' compensation claim may be denied include that the worker failed to give notice of the workplace injury to the employer according to the timeline required in their state. In addition, the worker must make a claim for workers' compensation benefits according to the deadline allowable in their state.

Other defenses to a workers' compensation claims include that the worker did not attend doctor's appointments to receive medical care for their injury or illness which also serves to verify and substantiate the injury or illness. Additionally, if the injury is not as bad as reported; the injury appears to be self-inflicted; there is no link to the worker's employment; the cause of the injury cannot be determined; or if it was willfully caused or caused through horseplay, all of these circumstances may establish a defense to the workers' compensation claim.

Employers must be able to protect against workers' compensation claims that are not valid so it is helpful to be familiar with what circumstances to look at and how to do that. Legal resources are available to help employers handle workers' compensation claims they believe are invalid and, as a result, employers should be familiar with what their options are to defend against a workers' compensation claim.

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Betty, Neuman & McMahon, P.L.C.
1900 East 54th Street
Davenport, IA 52807

Phone: 563-326-4491
Fax: 563-326-4498
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