Common Ways Chicago Bosses Try to Avoid Paying Workers’ Comp Claims

At first, the workers’ compensation system might offer a glimmer of hope after a major workplace accident. You might be happy to learn that this vital safety net is there for you as you cover medical bills, lost income, and an uncertain future. However, many injured workers experience notable barriers to compensation after suffering serious injuries. Employers are often the culprits in these scenarios, and they may try to avoid paying out claims in various ways. If you are currently experiencing this misconduct, consider speaking with a Chicago workers’ compensation lawyer as soon as possible.

The Horseplay Defense 

One of the most obscure defense strategies involves arguing that your claim is not valid because you were engaging in horseplay at the time of your accident. In the context of workers’ compensation, horseplay means “fooling around” or “playfighting.” However, courts have ruled that employers should expect workers to engage in light fun during the average day, and this defense often fails to hold up.

The Intoxication Defense

A more pressing issue could be the intoxication defense. Workers’ compensation claims are often invalid if the injured worker was intoxicated at the time of their accident. This might involve either the abuse of controlled substances or alcohol. The classic example is driving while drunk before getting into an accident in a work vehicle. However, these accidents might also involve intoxicated construction workers, office workers, and many others.

In order to deny your claim, insurers and employers must prove that you were intoxicated at the time of your accident. This isn’t always easy, and the presence of alcohol or drugs in your system doesn’t necessarily mean you were intoxicated. Speak with a lawyer to learn more about pushing back against this type of denied claim.

Misclassification 

Another common issue is “misclassification.” This type of denied claim involves an employee who is incorrectly classified as an “independent contractor.” Under the workers’ compensation systems, independent contractors cannot file claims. This potentially allows employers to avoid payouts – but is a loophole that is frequently abused.

Often, employers have no legal right to classify employees as independent contractors. This is a type of employment law violation, and it can lead to various consequences. Most importantly, this misconduct can allow you to push back against a denied claim. 

Arguing That You Didn’t Suffer a Workplace Injury 

Finally, your boss could argue that your injury was not work-related. For example, they might argue that you become injured after working hours – or that you were not engaging in work-related duties when the accident occurred. Whatever the case may be, you may be able to push back against these arguments with help from a lawyer.

Can a Chicago Workers’ Compensation Lawyer Help Me? 

If your boss is trying to avoid paying out your workers’ compensation claim, you have every right to get help from a lawyer. When dealing with a denied workers’ compensation claim in Chicago, you may have more options than you realize. Do not accept your employer’s words at face value, as they may have no legal justification for interfering with your claim. Reach out to Connolly Injury Law to explore this subject in more detail.

Sources: 

dol.gov/agencies/whd/flsa/misclassification

iwcc.illinois.gov/