16 Aug Spotting an Employer with a Questionable Workers Comp Scheme
Signs of Questionable Workers Comp Scheme
Workers’ compensation insurance is a very helpful program for workers to apply to when they have been injured on the job and are unable to work. Sadly, there are workers and employers who take advantage of the Workers comp system by committing fraud against the state government which oversees the program. Workers want to get a free ride by getting benefits but not having to work for a while, or maybe ever again. Employers, on the other hand, do not want to pay the fees for employees’ workers’ compensation insurance benefits.
Such fraud contributes to rebound effects on the workers’ compensation program, as insurance fees may go up if there are too many fraudulent claims on the insurer. Pay cuts can occur because the employer can no longer maintain as many workers as possible on the same salary when insurance fees go up. Either it is a salary reduction or loss of bonuses and benefits in other areas.
But what about the employer who chooses to defraud employees of their right to have workers’ compensation coverage? In Arizona, all businesses must provide workers’ compensation insurance, except under very limited circumstances. Arizona is a no-fault state which means even if you accidentally caused the accident, you still collect workers’ compensation benefits if you were injured.
Are you a Victim of It?
Beware of taking any job where the employer wants to pay you cash for your day’s work, but you are technically a full- or part-time worker for the company. Documented and undocumented immigrants may encounter this when looking for jobs. As both types of immigrant workers are eligible to receive workers’ compensation, then there is no reason why an employer should pay you cash. If you accepted a job where the employer pays you cash but you know you should be on the company’s payroll, call an Arizona Workers comp lawyer to consult for free as to what you should do next to change the situation.
Here are a few obvious signs that your employer has a faulty workers’ comp program in place. You should always know who the company’s insurance provider is. Employers must put up a sign stating proof of workers’ compensation coverage with an Arizona insurance company. If not, ask a fellow worker who it is if you are a new worker.
- Your employer pays you or other employees with cash,
- You get injured and your employer denies your valid claim,
- The employer uses a P.O. box number as the company address,
- Your job type or your contract is misclassified in your employee records,
- Your employer tells you to just take paid time off and let your personal medical insurance pay the medical bills.
If any of these events occur, especially the first and last ones, you should immediately call an Arizona workers’ compensation attorney to get help. Depending on how serious your injury is, you may be able to file a case for a workers’ compensation insurance settlement, which can be distributed as a lump sum or in installments. Even if the employer does not have an insurance company, Arizona has a State Fund which will take your case and pay it, after reviewing the circumstances. The employer will be told to pay back the state for your bills and benefits. Your benefits settlement will be based on a workers comp settlement chart found here.
Misdiagnoses and Mistreatments
While trying to get your claim approved, assuming your employer does have coverage, you may be ordered to undergo a medical exam conducted by the insurer’s medical doctor. You could have a misdiagnosed outcome regarding your injury which means you would get far fewer benefits than you are currently due. The insurance company could even deny your claim, saying you lied about the accident and your injuries.
Your own doctor says the insurer’s doctor is wrong and your doctor proves it to you, based on x-rays and verifiable tests. Now you must file a Request for Hearing very quickly to get on the docket as soon as possible. You should immediately hire an Arizona workers’ comp lawyer to help you with your case.
Your attorney will know every trick in the book as to how some insurance companies will work the case against you. You will need legal help to fight your case. Never give and walk away if you know you have a good claim. Always fight for your rights and stand up for what is due to you.
If you need help and you have hired an attorney to navigate your claim through the court system, you may find you need help in other ways, such as financial help to pay your rent, mortgage, car bills, utility bills, and to provide for a family with children. Your attorney has connections at the local and state level where you can apply for assistance. Local charities may also step in to help. Medical bills could be put in forbearance until your case is settled. There are many ways your attorney can help you.
Arizona Injury Law Group offers experienced and Certified workers’ compensation lawyers and legal services for injured workers. Call for your free consultation! 602-346-9009.