What Happens If My Employer Refuses to Acknowledge My Workers’ Comp Claim?
This is a totally reasonable concern. Not all employers are thrilled at the thought of having to be responsible (even in part) for your workplace injury. They might resist and even try to say that your claim is ridiculous and holds no water. They might refuse to follow the proper procedures that go along with your workers’ compensation claim.
Fortunately, your employer is required to acknowledge your claim. When they do so, if they wish to make the case that they are not liable for your claim, they must present that case to the Industrial Commission. They will do this by filing Form 61, which will detail the exact reason for their denial of liability.
If your claim is denied by the insurance company, you may request a hearing before the Industrial Commission. You can do this by submitting a Form 33. This is a request for a hearing. During your hearing, your case will be reevaluated and a final verdict will be reached.
This may seem like a long process, and often times it can be. But don’t worry; you will not be billed by medical providers during this time. Medical providers can only bill you after it has finally been determined that you are not compensable by workers’ compensation.
If you have any questions about filing Form 33 to request a hearing, or about your employer’s refusal to acknowledge your claim, don’t hesitate to contact one of our attorneys. With more than $275 million and awards and settlements, Oxner + Permar has the experience to get you the benefits you deserve.