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2 common ways to defend against a workers’ compensation claim 

Injuries in the workplace can have a detrimental effect both on employees and businesses alike. If an employee is injured while carrying out work duties, they may be able to file a claim for workers’ compensation. Such claims typically relate to two forms of harm, work-related disease or accidental injury. 

There are various steps that must be taken before a workers’ compensation claim is validated. For instance, employees must evidence their status as a worker and evidence that their injury was work-related. There are a number of ways that your business can defend a workers’ compensation claim, with some of the key methods outlined below. 

Exaggerated injuries

At times, an employee may exaggerate the extent of their injuries to ensure that a claim goes through, or to obtain a longer period of time off of work. In order to claim benefits, a worker must be prevented from engaging in employment activities because of injuries sustained. Where this is found not to be the case, your company may be able to show that the claim is illegitimate and that the employee was never prevented from working. 

Lack of proper notice

In New York, employees are obligated to provide notice of their injuries within 30 days of their injury. Where this is not possible, a doctor or family member may provide notice on their behalf. A failure to do this could provide your company with a valid defense to any subsequent workers’ compensation claim. 

It is important to protect your business from fraudulent or illegitimate worker’s compensation claims in New York. Having a firm grasp of your legal rights could help with this process. 

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