What if my employer denies I was hurt at work and am not receiving any money and I cannot work? If you allege an injury at work and your employer denies the injury or that it happened at work there are several things you should do. First, contact an attorney right away they may be able to provide information that will help get you the benefits you are entitled to. If the employer or insurance carrier still refuse to offer benefits you can apply for Temporary Disability from the State. You will have to complete a form regarding your injury and inability to work. Your treating Doctor will also be asked to complete paperwork indicating the diagnosis and whether you are capable of working. One of the questions you will be asked is whether the injury occurred at work. You must provide accurate information regarding this question. The State will then ask you to complete a form that requests all the information regarding your employer and their insurance carrier. You cannot receive benefits from the State unless you first file a Claim Petition against your employer in Workers Compensation Court. You will then be entitled to receive State Benefits which will become a lien against your Workers Compensation Claim. If you are successful in your workers compensation claim then your employer will be obligated to reimburse the State for any money your received from them plus pay you the difference in what you should have received under the Workers Compensation rates. This is due to the fact State Disability pays at a lesser weekly rate then Workers Compensation. In addition the Court can award you 25% more as a penalty to the employer for wrongfully withholding payments. You should act quickly because the delay for payment can be anywhere from three to ten weeks due to the various forms that must be submitted and reviewed.
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