QUESTION
Can a company refuse to cover an injury that took place at work but wasn't immediately reported?
Asked on Oct 17th, 2013 on Personal Injury - Nevada
More details to this question:
My dad was working as usual, when one of the woods that he was working with fell on his foot. He was bleeding, there was only one witness he didn't really saw what happened only the blood that was everywhere. My dad is Hispanic and knows very little English, and the man working with him is an American for that reason he couldn't explain to him what happened. My dad went to the company nurse to get his injury treated. Because of the injury he has to wear a special shoes but the company doesn't allow him to work with those shoes on so he hasn't been to work for two weeks now. The company does not want to pay for his injury expenses and refuses to give him workers compensation because he didn't report the accident immediately, or has a witness who saw what happened, in our case they're saying he never got injured there.
11 ANSWERS
Personal Injury Attorney serving Charlotte, NC
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Paul Whitfield and Associates P.A.
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Call the NC Industrial Commission in Raleigh or go to their website and ask for a Form 18 and report this matter directly to them send copies of whatever you do to the employer.
Answered on Oct 18th, 2013 at 11:42 AM
Well there is no rule of law requiring "immediate" reporting of an injury, at least not in Iowa. If this is Iowa they are playing games.
Answered on Oct 17th, 2013 at 11:22 PM
Edwin K. Niles
Don't know why the company would refuse; that?s why they have insurance. (Or maybe they don't have it?) Try to get the name of the insurance, or see a workers comp attorney.
Answered on Oct 17th, 2013 at 4:53 PM
Criminal Defense Attorney serving Anderson, SC
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The David F. Stoddard Law Firm
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They do have a legal right to dispute any claim. His failure to report it is not a defense. However, they can argue that he really did not get hurt at work because e didn't report it. He should go get a workers compensation lawyer. most will work on a contingency fee.
Answered on Oct 17th, 2013 at 4:34 PM
You need to file a claim for worker's compensation benefits that cover temporary disability benefits , ongoing medical treatment and a settlement for permanent disability and future medical care.
Answered on Oct 17th, 2013 at 4:04 PM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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If your rendition of the facts is correct then he has an worker's comp claim. If, as reported, he went to the company nurse contemporaneously with the incident it would appear there should be sufficient evidence to open a claim and have his expenses and work loss paid.
Answered on Oct 17th, 2013 at 3:43 PM
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Hire a local workers compensation lawyer. Most work on a no recovery no fee basis.
Answered on Oct 17th, 2013 at 3:29 PM
Ronald A. Steinberg
Get a workers compensation lawyer. If your dad got hurt on the job, and if he is an employee he is entitled to comp.
Answered on Oct 17th, 2013 at 3:12 PM
James Eugene Hasser
Yes they can deny the claim, but that doesn't mean he doesn't have one. Call the Alabama Dept. of Labor and if that doesn't work, get a comp lawyer.
Answered on Oct 17th, 2013 at 2:38 PM
Chapter 7 Bankruptcy Attorney serving Syracuse, NY
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Andrew T. Velonis, P.C.
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No, they cannot refuse. He is entitled to worker's comp as a matter of law. If he has not already done so, he should submit a claim for worker's compensation benefits. The company can contest the claim, but they have to allow him to make the claim in the first place. Then, the Worker's Compensation Board can hold a hearing and decide who's right. Your father will need a lawyer, since the company is being so resistant.
Answered on Oct 17th, 2013 at 2:36 PM
Your father should file a workers compensation claim immediately. He may have missed some deadlines, but it still is probably possible. Call a good workers compensation lawyer because the rules are very particular and tricky. Let me know if you need some referrals.
Answered on Oct 17th, 2013 at 2:35 PM