Denied Claim — Resolving Disputes

Youtube Video: How Do I Choose an Attorney for My Workers’ Compensation Claim?

The workers' compensation system is set up so that you do not need an attorney in order to file your claim. The problem is, the system is confusing and cumbersome, leading to employees consistently being underpaid, being denied reasonable treatment, and being taken advantage of due to them not having an attorney.

Statistics show that workers' comp claims are being denied more and more (denials went up 20% during 2013 to 2018, according to Lockton Analytics). However, even with this rise in denials, it is important to note that 67% of denied claims converted to paid claims within 12 months. Coincidentally, approximately 70% of denied claimants retained legal counsel. Seeing that the percentage of denied claims that retained legal counsel is nearly the same number of denied claims that converted to paid claims, it seems a shame that the remaining 30% of denied claimants did not retain an attorney. The consultation with an attorney is free. Call today to see if your claim can be converted to a paid claim.

No, you do not have to go to court for workers’ comp claims in most cases. The majority of cases are settled prior to going to the hearing (court). A typical case will proceed for 6-8 months before being scheduled to go in front of the Administrative Law Judge (ALJ) and during that time, there are several opportunities to strengthen your case in order to either get a settlement or have your claim converted to an accepted claim. See this chart of the timeline for a typical case.

If your case does proceed to the court date with no settlement, you will appear before the ALJ with your attorney, who will walk you through the entire process. While many will demand to “have their day in court,” most times it is wiser to pursue more prompt remedies so that you can receive the medical treatment you need and get your life back sooner.

Normally, no, you cannot sue your employer for a workplace injury. Utah Law establishes the Workers’ Compensation Act as the “exclusive remedy” for workplace injuries (34A-2-105). This is the design of workers' comp—it limits the liability and lowers the cost for the employer, while at the same time making it easier for the injured worker to receive benefits. There are two ways you can sue your employer for an injury that happened while you were at work:
1) If the employer failed to carry workers’ compensation insurance
2) If the injury was due to the “willful and intentional” act of the employer or a fellow employee

Under the first scenario, where the employer does not have workers' comp insurance, you have two options:
1) You can sue the employer as if there were no workers' comp system
2) You can file a workers' comp claim at the Utah Labor Commission and you will be covered under the workers' comp system by the State. Do not let your employer “take care of it” if they do not have insurance—contact an attorney immediately.

The second scenario is a bit tougher. You must prove that the employer willfully and intentionally allowed you to be put into a situation that they knew or should have known would likely injure you. This doesn’t mean you can sue because they knew the floor was wet. It is more typically reserved for the very select case where the employer was certain you would be harmed.

In Helf v. Chevron, the Utah Supreme Court said that the injured worker cannot receive the benefit of both suing the employer and filing a workers’ comp claim. In Helf, the worker was sent into an area where another worker had been injured before and the company had not done anything to make it safe. This is the sort of circumstance where you may have a case to sue the employer. It is best to consult with an attorney to see if you are able to prove the necessary facts for this type of case.

Normally, no, you cannot sue your coworker for a workplace injury. Utah Law establishes the Workers’ Compensation Act as the “exclusive remedy” for workplace injuries (34A-2-105). This is the design of workers’ comp—it limits the liability and lowers the cost for the employer, while at the same time making it easier for the injured worker to receive benefits. This exclusive remedy also applies to any “officer, agent, or employee of the employer.”

The only exception to this is for the premeditated and intentional act of a fellow employee. See Bryan v. Utah Int’l (1975). If you feel you have a claim involving the act of a fellow employee for your work injury, it is best to consult with an attorney to see if there are sufficient provable facts for such a claim. If not, you will still be able to avail yourself of the workers' compensation benefits.