What Should I Do if My Employer Thinks I Am Faking an Injury?

On Behalf of Rosenthal, Levy, Simon & Sosa | November 30, 2022 |

Suffering an injury on the job is difficult enough, but all employees should know what to do if their employer doesn't believe their injuries are real. Most employees in Florida are entitled to workers' compensation benefits if they become hurt on the job or suffer a job-related illness. Unfortunately, workers' comp benefits aren't always easy to obtain. For example, the insurance company could deny your claim, and your employer might also believe you are faking your injury or illness. These are highly stressful circumstances, and it's crucial that all employees know what to do if they find themselves in them. Most of all, they should know they can contact our seasoned Port St. Lucie workers' compensation attorneys with any questions and for help in their claim.

Obtain Your Medical Records

If necessary, your Port St. Lucie workers' compensation lawyers can help you obtain your medical records. Most employers in Florida aren't doctors, medical professionals, or healthcare providers. As such, they don't genuinely know if you are faking an injury or illness or not. They might claim you aren't hurt because they want to avoid their workers' compensation insurance premiums increasing. Alternatively, they may not want to let you off work for a period of time while you recover.

Whatever their reason for purporting that you are faking your illness or injury, you should obtain your medical records any time an employer argues your physical condition. Suppose a doctor agrees that you are injured or ill, and you have documentation supporting what they say. In that case, it will be much more difficult for your employer to prove you aren't hurt.

Continue Your Workers' Comp Claim

At the end of the day, and in regards to your workers' comp claim, it doesn't really matter if your employer thinks you are faking an illness or injury. Suppose you have medical records and a doctor who can back up your condition, as well as meet the other requirements for workers' comp eligibility. In that case, there's really nothing they can do. Their opinion doesn't matter. What matters is your doctor's opinion and what the workers' comp insurance company does there that matters. Port St. Lucie workers' compensation attorneys can help you file and prove your workers' comp claim and appeal it if necessary. Whatever your employer thinks or says about your injuries, pursue your workers' compensation claim as you normally would. The insurance company should process your claim just like any other claim they receive. If, for some reason, they deny it, our Port St. Lucie workers' compensation lawyers can help you with an appeal.

Reach Out to Port St. Lucie Workers' Compensation Attorneys Today

Being injured at work or suffering a workplace illness can add undue stress to your life. Having an employer who thinks you might be faking your condition is even worse. If you have questions about a workers' comp claim or your claim is denied, contact the experienced Port St. Lucie workers' compensation lawyers at Rosenthal, Levy, Simon & Sosa today. We offer no-cost case reviews so you can get your workers' comp claim started. Call us at 561-867-4102 or use our convenient online contact form.