CALL US (402) 491-4003
OPEN PRACTICE AREAS

What to Do if Your Employer Thinks You are Faking an Injury

Becoming injured on the job is bad enough, but all employees should know what to do if their employer does not believe them.

Most workers in Nebraska are entitled to workers’ compensation benefits in the event that they become hurt on the job. Unfortunately, these benefits are not always easy to obtain. While the insurance company may deny your claim, your employer may also think you are faking your injury. This is an extremely stressful situation and it is important all workers know what to do if they find themselves in it.

Obtain Your Medical Records

Most employers in Nebraska are not doctors or healthcare providers. They really do not know whether you are faking an injury or not. They may be saying you are not hurt because they do not want their workers’ compensation insurance premiums to increase. Or, they may not want to lose you for a period of time while you recover.

Whatever the reason, you should obtain your medical records any time your employer disputes your injury. If a doctor says that you are injured and you have documentation to support that, your employer will have a much harder time arguing that you are not hurt.

Can You Sue Your Employer?

Workers’ compensation in Nebraska is a no-fault system, which means you forfeit your right to sue your employer. However, many people wonder if they can sue their employer for lying about their injury. In these cases, employees are not suing because of the accident, but because their employer continues to state that they are faking their injury.

In these cases, an employee could really only sue for defamation and even then, the employer would have had to state they were faking their injury in front of other people. To file a lawsuit, an employee must have also incurred financial losses, or damages. Due to the fact that a simple statement by your employer likely did not result in financial harm, you likely cannot file a lawsuit against your employer simply because they argued that you were faking your injury.

Contact a Lawyer

Workers’ compensation claims have strict deadlines in Nebraska. You must report your injury to your employer as soon as it is practical. If, after you report the injury, your employer does not report the injury to Workers’ Compensation Court within 10 days, it is time to contact a lawyer. Missing the deadlines can place your entire claim at risk, so it is important to speak to a lawyer as soon as possible, particularly if they have not taken the necessary steps to start your claim.

Our Nebraska Workers’ Compensation Lawyer Can Assist with Your Case

If you have been hurt on the job and your employer is refuting your claim and not taking the appropriate action, call our Omaha workers’ compensation lawyer today. At Andres Law Offices, PC, LLO, we will ensure your employer reports your injury within the necessary timeframe, and help you navigate the process. Call us today at (402) 491-4003 or fill out our online form to schedule a consultation.