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Filing a Workers’ Comp Claim? What to Do When Your Employer Puts up a Fight

If your employer decides to fight your workers’ compensation claim, then you need to take action immediately. There are ways to beat your employer’s opinion, but most states have deadlines that you must meet. As many as 20 percent of employers choose to challenge workers’ compensation claims. Here are some steps that you may need to take when your employer is trying to deny you workers’ compensation.

File the Paperwork

While no one likes paperwork, it is important that you file the right paperwork on time. Each state has a different form that you need to file. Learn what it is in your state. Make sure that you submit it so that you can prove that you submitted it on time. Also, ensure that you keep a copy for yourself. You may need a doctor’s statement, so start in plenty of time.

Gather Evidence

You will need evidence to prove your claim happened at work and was not the result of horseplay. You need statements from others who were at the scene when the accident occurred. You may also need statements from your doctor. If you are told to see a specialist, then you will need statements from that person as well. The more evidence that you can gather, the stronger case you usually have when you need to prove it.

Keep All Appointments

You may get letters informing you that you need to go to many types of appointments. The state may ask you to appear before one of their workers. You may get a letter saying you need to see a specific doctor. Of course, you will need to see your own doctor. Do not overlook appointments that you need to make and keep about your personal case while your case is being appealed.

Get a Lawyer

It can be almost impossible to handle all of the details by yourself, so you may need to get a reputable lawyer, like those at The Law Offices of Joel A. Santos. A legal representative can help you get the right paperwork filed on time. With their assistance, gathering evidence is easier. They may also be able to help you deal with your creditors.

Use these ideas to fight back. Your employer does not have the last word, and you are likely to win when you have the evidence and a great team on your side. Do not delay, but start the process of fighting back as soon as possible.

Author Information: Hannah Whittenly is a freelance writer and mother of two from Sacramento, CA. She enjoys kayaking and reading books by the lake.

Bob Kraft

I am a Dallas, Texas lawyer who has had the privilege of helping thousands of clients since 1971 in the areas of Personal Injury law and Social Security Disability.

About This Blog

The title of this blog reflects my attitude toward those government agencies and insurance companies that routinely mistreat injured or disabled people. As a Dallas, Texas lawyer, I've spent more than 45 years trying to help those poor folk, and I have been frustrated daily by the actions of the people on the other side of their claims. (Sorry if I offended you...)

If you find this type of information interesting or helpful, please visit my law firm's main website at You will find many more articles and links. Thank you for your time.

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