Aggressive Hartford Workers’ Compensation Defense Attorneys
Representing employers in workers’ compensation matters throughout Connecticut
A workers’ compensation defense attorney supports your labor and employment practices by addressing any workers’ comp claims made against you as an employer. As you’re likely aware, these types of claims can affect both your business and your bottom line – but we can help protect them.
At Barry, Barall & Spinella, LLC, we represent companies and clients at every stage of the workers’ compensation claims process, whether through matters of administration or litigation. Our municipal law attorneys help defend against inaccurate or fraudulent claims and appeals, as well as other workers’ compensation issues. Call our Hartford and Manchester offices today.
The purpose of workers’ compensation laws
Virtually every employer in Connecticut is required to carry workers’ compensation insurance in the event an employee is injured on the job.
Workers’ compensation laws across the United States were designed to ensure that employees injured on the job receive medical and wage benefits without having to take legal action against their employers. This is the only remedy an employees have for their injuries, unless they can prove a third party contributed to their injuries, like the manufacturer of a defective machine part or an unsafe client worksite.
As a business owner or employer, however, you do have certain levels of protection. An employee collecting workers’ compensation is only entitled to a certain amount and is typically prohibited from taking legal action against his or her co-workers. When employees file a workers’ compensation claim, they aren’t suing your business, but rather they are making a request for employee benefits.
However, there are cases where you, as an employer or insurance company, may want to dispute or challenge an employee’s workers’ compensation claim or appeal.
Can I dispute an employee’s workers’ compensation claim?
When an injured employee files a claim for workers’ compensation, the company or employer may not terminate or otherwise retaliate against him or her. However, you are completely within your rights to take the proper steps to ensure the claim is valid. You also have the right to dispute a claim you feel may be fraudulent or improper. Employers may dispute workers’ compensation claims for a variety of reasons, including:
- No medical treatment was required
- No time off work was required for the injury
- The employee wasn’t seriously injured
- The injury wasn’t work-related or happened outside scope of employment
The first steps to take to confirm the validity of a Hartford workers’ compensation claim include requiring your employees to report any injuries immediately, investigating any suspicious or delayed reports, and keeping an updated list of fair and objective doctors who can assess and treat injuries.
Additionally, any injuries or conditions related to repetitive stress, toxic exposure, or an occupational disease must be proven by clear and convincing medical evidence that the employee’s work duties caused the condition.
The Hartford workers’ compensation defense attorneys at Barry, Barall & Spinella, LLC consult with you to determine the validity of claims and aggressively defend meritless filings and appeals.
Warning signs of workers’ compensation fraud
According to the State of Connecticut Insurance Department, workers’ compensation fraud costs businesses approximately $5 billion a year. One out of every 10 dollars spent covering actual injuries is diverted dealing with fraudulent claims – a huge waste of money for your business and investments. Fraudulent claims come back to you in the form of increased insurance premiums.
There are several red flags that should alert you to an improper claim. Claimant fraud typically falls under three categories:
- Exaggerated claims – exaggerating a small injury with the goal of increasing the length of the payout
- False claims – reporting an injury that never occurred
- Working while collecting benefits – collecting benefits for an injury while working elsewhere and not reporting it
Our attorneys investigate these claims, looking for warning signs like:
- Accident reported much later after it occurred
- Claim filed shortly after a vacation or leave
- Employee was recently reprimanded
- Inconsistent medical reports or billing
- Injury or accident with no witnesses
- Injury to brand-new employee
- Injury to employee about to leave job
- Witness statements conflicting regarding accident
- Upcoming layoffs or strike
Workers’ compensation fraud in Connecticut is a Class B felony.
Strategic Hartford workers’ compensation litigation
Our attorneys have the experience and the resources to take on every phase of the workers’ compensation process. We’ve represented clients throughout the state, contesting the necessity of certain medical treatments and reducing the costs of expensive claims. We fight fraudulent claims and keep an eye on your bottom line. Our job is resolving cases in your favor, every time.
Contact our Hartford workers’ compensation defense lawyers today
At Barry, Barall & Spinella, LLC, we’re dedicated to representing employers and insurers in every aspect of workers’ compensation claims. Our attorneys vigorously defend you and your company against claims and appeals in both State and Superior Court of CT. Get in touch with us today – we’re located minutes off I-384 in Manchester. To schedule a free consultation with one of our lawyers in Hartford or Manchester, please call 860-649-4400 or fill out our contact form.