When an employer disagrees with workers’ office accidents compensation claim

Many people do not submit their office accident claims in Scotland because their employers disagree with their claims. Even employees do not know what to do. Employers have many types. Some respect and care for their workers, and they always strive to prevent injuries and provide support when one does occur. Others frequently ignore the safety aspect of their workers, and as a result, they do not compensate them for office accidents and injuries.

There are legitimate cases where an employer might not believe that an injury occurred while an employee was performing their job duties. And in some cases, the employer thinks about other mitigating factors that warrant contesting a workers’ compensation claim.

Like any other type of insurance, the more frequently claims are submitted, the more likely it is that you will be considered a higher risk. Ultimately, it leads to increased amounts. Some employers, especially those who already paid more for compensation coverage after previous claims, might look for reasons to contest a new claim.

Whatever the motivating factor, dealing with an employer contesting a workers’ accident compensation claim can be a difficult task.

This blog explains what you can do when your employer disagrees with your workers’ office accidents compensation claim.

What happens when an employer disagrees with a worker’s compensation claim?

In Scotland, the new Scottish Employment Injuries Advisory Council (SEIAC) will decide the validity of your claim if your employer disagrees with it. The SEIAC may ask you to see a doctor chosen by them instead of your employer. This way, they can get a truly impartial second opinion concerning your injury extent and origin.

If the SEIAC favours you, your employer will have to compensate you for your office injury claim. If it favours your employer and allows you to contest your claim successfully, you are still entitled to appeal to the SEIAC. In most cases, you will need to submit your appeal within 20 days of the SEIAC’s initial decision. Your employer can also appeal if the SEIAC’s decision favoured you.

Alternative dispute resolution in office accident compensation claim disputes

The SEIAC also offers mediation as an alternative to traditional litigation of workers’ office accident compensation claims. Workers and employers have the right to be represented by a workers’ compensation lawyer, if they wish, during the mediation process.

Mediation is unique in that both the employee and the employer make the decisions with the advice of their respective lawyers. The mediator does not decide which party wins; it only facilitates communication.

Also, remember that mediations are confidential. The mediator cannot be summoned to appear in future court proceedings. Likewise, the mediator cannot use the information you share against you in court.

Workers’ compensation for undocumented workers

Companies employing vulnerable communities, including undocumented workers, often know their employees lack resources to fight for their rights. Despite what some employers may suggest to their workforce, undocumented workers have the right to get compensated for office accident injuries.

There are multiple precedents for cases in Scotland where, even when a worker initially misrepresented their immigration status, they were still entitled to workers’ compensation.

In many cases, the employment with the peak rates of serious office accident injuries are also reported by those who may not be fluent in English. And they are concerned about their legal situation or the cost and accessibility of legal assistance.

If you have been injured at work and your employer disagrees with your workers’ compensation claim, Wallace Legal is ready to assist.

Get Help After a Work Injury in Scotland

Office accidents in Scotland and anywhere else are very common. Work injuries are complicated. Employers may have legitimate cause to contest an office accident compensation claim. Not all, but some may try to refuse a claim because they do not want to pay their injured workers in terms of compensation coverage. If you or one of your relatives is facing a situation where the employer disagrees with a legitimate workers’ injury compensation claim, Wallace Legal is here to help you. You may find it helpful to speak with our office accident compensation lawyers. Contact now and get a free consultation!