What happens if your employer says you never reported the injury?
What can you do if your Employer denies you reported an on-the-job injury? Do you have proof that you told your employer about the injury?…
As Colorado workers’ compensation attorneys, we frequently come across cases in which the employer claims they were never made aware of the incident that occurred within their workplace. When we first meet with a client, it is important for us to learn if the injury will be admitted or not. This impacts the case and what we would need to do to help you throughout the process. Unfortunately, sometimes in these situations not everyone sees eye-to-eye, or sometimes can even recall exactly what happened in that moment. This is one of the reasons why it is so important to obtain proof that your employer or a supervisor in the company is aware of the injury that you sustained while on the job in Colorado.
How do you know if it will be admitted?
We typically begin by asking questions such as “did you report it? Or did they send you to the doctor?” If the answer to either or both of these questions is “no” then your injury may not get admitted. It can be quite the challenge to prove that your employer was made aware of the situation when they say otherwise. Now, there are some signs that let us know that your employer is aware that you are reporting a work injury. For example, were you sent to a place like Concentra, which offers occupational health care services, for medical attention? Typically no one goes to a clinic like Concentra unless they were told to go there because of a reported work injury.
What other proof might be needed?
Every now and then we run into cases where the client says they told a supervisor about the injury being work related but the employer denies ever being told about it. This almost always results in having a claim denied. We strongly recommend that you use emails and text messages and explicitly state that this is a work related injury. Text messages are an incredible piece of evidence to show who knew what and when.
Let us help you build your case.
If you are struggling to receive the workers’ compensation benefits you deserve, do not hesitate to give us a call. Workers’ compensation can be a tough sea to navigate, leave it to us to guide your ship to better care. Our accredited team of attorneys would love to join your team in the fight for the justice you are seeking. Schedule a free consultation on our website now or call 303-780-7329 today.
