Employers are required to carry workers’ compensation insurance in Utah. Unfortunately, some companies try to avoid paying for a Workers Comp Injury in Ogden UT by making excuses or outright lying to the affected person. If an employer makes one or both of these excuses, contact a workers’ compensation attorney as soon as possible for assistance with getting a claim paid.
The Employee Doesn’t Get Benefits Because He or She Caused the Accident
Some unethical employers tell injured employees they’re not eligible for workers’ compensation because they caused the accident. This is only true if the accident was caused by the employee being intoxicated by drugs or alcohol on the job or engaged in horseplay with another employee. For instance, if the person tripped and fell down the stairs because the individual was too drunk to see where he or she was going, then the person would not be eligible for benefits.
However, workers’ compensation is no-fault insurance, meaning employees are covered regardless of whose caused the accident. Therefore, it’s generally safe to ignore an employer who says this and file a claim with workers’ comp anyway.
The Person Isn’t Eligible Because He or She is Not an Employee
Another tactic some employers use is to tell the employees they aren’t eligible for workers’ compensation because they’re independent contractors. There is some truth to this. Independent contractors are considered to be self-employed workers. Therefore, employers are not required to cover them with workers’ comp insurance.
Unfortunately, some employers engage in a practice called misclassification where they list erroneously or purposefully classify the people that work for them as independent contractors when, in fact, the people are actually employees. They do this specifically to avoid having to get workers’ compensation insurance or pay taxes for those people.
This excuse can be challenging to overcome. However, it’s such a prevalent issue that the IRS provides a way for employees to fight back against misclassification and get the benefits they deserve. Still, getting a Workers Comp Injury in Ogden UT paid by the insurance provider may still require the assistance of an attorney. For help with overcoming an employer’s objections or excuses, visit.
