My Employer Is Disputing My Workers’ Comp Claim — Now What?

You reported your injury, filed your claim, and now your employer is disputing it. This is frustrating, but it’s more common than you think — and it doesn’t mean you’ll lose your benefits. Here’s what’s happening and what you can do.

Why Employers Dispute Workers’ Comp Claims

• Higher insurance premiums — successful claims increase the employer’s insurance costs
• They don’t believe you — some employers doubt the injury happened at work
• No witnesses — if no one saw the incident, they may question it
• Delayed reporting — if you waited to report, they may use that against you
• Retaliation — some employers illegally punish workers for filing claims

What Happens When an Employer Disputes

The insurance company will conduct an investigation, which may include:

• Taking recorded statements from you and coworkers
• Reviewing surveillance footage
• Requesting all your medical records (not just work-related)
• Sending you to their own doctor for examination
• Hiring a private investigator

How to Protect Your Claim

1. Don’t give a recorded statement without talking to a workers’ comp attorney first
2. Be consistent — tell every doctor the same thing about how and when your injury happened
3. Document everything — keep a daily journal of your symptoms and limitations
4. Get witness statements — if coworkers saw the injury, get their written accounts
5. Follow your doctor’s orders — missed appointments hurt your credibility

Your Rights During a Dispute

Even while your claim is being investigated:

• You’re entitled to up to $10,000 in medical treatment
• The insurance company has 90 days to make a decision
• If they miss the deadline, your claim is presumed accepted
• You can file for a hearing at any time if benefits are being wrongfully delayed

Don’t Let Your Employer Intimidate You

Filing a workers’ comp claim is your legal right. Your employer cannot fire you, threaten you, or retaliate against you for filing. If they do, that’s a separate legal violation that can result in additional penalties and compensation.

Get a Certified Specialist in Your Corner

When your employer disputes your claim, you need an attorney who has seen it all. Attorney Eman Yazdchi — a Certified Specialist with 20+ years of experience — has helped thousands of California workers overcome employer disputes and get the benefits they deserve. Call Yazdchi Law for a free consultation.