Every employer must provide worker's compensation insurance for their employees. This insurance covers any injuries or disease a worker gets while performing any type of task for you. While you will not be paying the worker yourself, you will be paying the insurance premiums. Unfortunately, the more claims against your policy, the higher your premiums will be. Although you would not want to deny payment for a valid claim, there are times when you should have a worker's compensation defense lawyer (such as Dawson & Associates, LLC) look into the situation. Here are just a few times when you should not be held responsible for the medical bills or lost wages of someone who works for you.
Neglect, Horseplay, or Intentional Injury
While an employee can make a claim even if they were technically at fault for the accident, there are times when the claim can be denied. If the worker was under the influence of drugs or alcohol when the accident occurred, the claim will be denied. The same thing will happen if the worker was playing around and not paying attention to what was going on around them. In addition, if the employee does something to intentionally cause an injury, your insurance policy is not going to pay out on the claim. If you suspect any of these situations, it is best to have an experienced attorney investigate.
Cannot Determine Cause of Injury or Disease
Sometimes it is very difficult or even impossible to prove that the entire injury or disease was caused while or due to a task at work. While the stress and amount of work may indeed cause a heart attack, if the employee has other stresses or perhaps is overweight and not trying to be healthy, it can be hard to prove that work was the cause of the attack. Another example may be in the event of an existing condition that was ascerbated by work. Your lawyer will be able to have all the medical records examined and even require the worker to see another doctor to determine whether or not the problems are in fact due solely to work.
Don't deny your employees the right to claim worker's compensation, but do not allow them to make frivolous claims either. You do not want your insurance premiums to sky-rocket, and you do not want to have to waste time training a new employee when the one you have already knows the routine and how your business operates.
