Employer Ignoring Your Injury Claim? How To Protect Yourself

Law Blog

After an injury on the job, the next course of action for most people is to reach out to their employer to notify them of the incident. This is somewhat of the easy part. The problems really come about when an employer outright denies a claim or ignores the employee. If this is a circumstance you're facing, knowing what to do can prove to be critical going forward.

Create a Paper Trail

If you stopped your supervisor in the hallway to tell them about the incident and haven't heard anything back, it's time to take a different approach. Whenever it comes to the game of he said-she said, the person that can prove what they said generally comes out on top.

Submit an e-mail to your supervisor or other responsible parties to notate your injuries and, if your software allows for it, request a read receipt. An email creates a paper trail that shows when the email was sent, received and opened by the recipient. If your employer tries to claim they didn't know about your injuries, this basically makes it impossible to do so.

Speak with an Attorney

It's generally a good idea to speak with an attorney when you're facing this type of scenario, as it's somewhat you against the world in this instance. Companies have expansive management teams, HR departments, insurance companies and attorneys that are willing to battle on their behalf.

But with you, you're all you have, which can make it easier to be taken advantage of and have your rights violated. An attorney can step in as an intermediary and work with these entities on your behalf. Ensuring your claim is not ignored and most importantly, that justice is served.

Listen to Your Medical Provider

Even when your employer doesn't seem to be taking your claims seriously, you should. Make certain you are following the guidelines of your medical provider. This is not only important to your health, but also to the validity of your claim going forward. For instance, if your physician has provided you with orders that prevent you from performing any heavy lifting, adhere to them.

When your claim finally does progress, if your employer can prove that you were willingly performing heavy lifting on the job, this can hinder your claim because they can argue that you weren't really injured or that if you weren't willing to take the injuries seriously, why should they. Either angle will damage your credibility.  

You deserve to have your injuries recognized. If your employer is not reacting, make sure you're still moving forward with your claim. You can learn more by clicking here.


7 August 2017