Workers' Comp Denial Fighter
Denied workers' comp? Fight back.
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Frequently Asked Questions
Can my employer fire me for filing a workers' comp claim?
No. Retaliating against an employee for filing a workers' comp claim is illegal in all 50 states. Retaliation includes firing, demotion, reduced hours, or hostile treatment. If your employer retaliates, you may have a separate retaliation claim worth additional damages on top of your workers' comp benefits.
What is an 'IME' and can I be forced to attend one?
An Independent Medical Examination (IME) is an exam ordered by the insurance company — though it's typically not independent since the insurer chooses and pays the doctor. In most states, the insurer has a right to one IME. You generally must attend or risk suspension of benefits. Bring your own medical records and consider having your own doctor review the IME report.
What benefits does workers' comp cover?
Workers' comp typically covers: all medical treatment related to the injury (with no deductible), temporary disability benefits (usually 60–67% of your average weekly wage) while you can't work, permanent disability benefits if you have lasting impairment, vocational rehabilitation if you can't return to your old job, and death benefits for dependents if the injury is fatal.
What if my employer says I'm an independent contractor?
Workers' comp coverage depends on your actual working relationship, not just your title. If you were misclassified as a contractor but functioned as an employee (employer controlled your work, schedule, and tools), you may still be entitled to workers' comp coverage. File a claim and let the board determine your status.
How long do I have to report a work injury?
Reporting deadlines vary by state — typically 30–90 days from the date of injury. However, for repetitive stress injuries or occupational diseases, the clock often starts from when you knew (or should have known) the condition was work-related. Missing the notice deadline can jeopardize your claim, so report as soon as possible.
Should I accept a workers' comp settlement?
A settlement (called a 'compromise and release' or 'stipulation') ends your claim in exchange for a lump sum. Consider carefully: once you settle, you typically cannot reopen the claim even if your condition worsens. Factors to weigh: strength of your case, future medical needs, your ability to return to work, and age. Consulting a workers' comp attorney before settling is strongly recommended.
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