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How to challenge a workers’ compensation claim

Illinois law allows workers to pursue compensation if they are hurt on the job. However, employers have the right to challenge a workers’ compensation claim. For instance, a company might claim that an injury took place while an individual was engaged in horseplay or while impaired by drugs or alcohol. It may also be possible to dismiss a claim on the grounds that an injury occurred while completing a task outside of a victim’s scope of employment.

What might be considered outside of the scope of employment?

Let’s say that an employee was injured while making a delivery for their employer. In such a scenario, that person would likely be entitled to workers’ compensation benefits. However, what if the accident occurred while an employee was driving to the bank to deposit a personal check? In that instance, the injured worker’s claim would fail. This is because it occurred while engaged in a personal activity as opposed to doing something that benefitted your company.

The types of evidence that might be used to deny a worker’s claim

There may be many different ways to prove that an employee was not hurt while on the job. For instance, it may be possible to use time logs to prove that an individual wasn’t scheduled to be at work at the time an alleged accident took place. It may also be possible to use surveillance video footage to show that a person was engaged in horseplay when he or she fell down a flight of stairs. This may be enough for an employee to drop his or her claim without the need for litigation.

If an employee is legitimately hurt on the job, it’s important to honor your obligation to help aid in that person’s recovery. However, an attorney may be able to assist in the process of challenging a fraudulent claim. This may save your company from seeing a rise in insurance premiums.

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