What Happens If An Employer Lies About Your Hours In A Workers' Comp Case?
One of the more nefarious things an employer might do when someone is filing a workers' compensation claim is to lie about how many hours the employee worked. This can create a tricky spot for the employee because it does acknowledge the claim's validity without giving them the full benefits they paid for.
Fortunately, every workers' comp law firm has a plan for handling these sorts of cases. Here is a look at what happens if your employer misstates your hours enough to negatively affect your claim.
Avoid Getting Angry With the Employer
It's not a good idea to try to resolve the issue between you and the employer. There are administrative people from the insurance company and the government who can handle these concerns, and it's best to retain counsel before you get too upset. Let the process work. If you're feeling angry, then take advantage of your lawyer as a buffer between you and your employer.
Providing Proof of Hours Worked
Generally, employers don't try this sort of thing if their employee's hours are well-documented. Still, it's wise to keep copies of all of your timesheets and pay stubs. If there is an inconsistency apparent in these numbers, you should report it to the workers' compensation insurance provider immediately. Usually, the insurer for your company will appoint an adjuster who can serve as your point of contact.
Make additional copies of all the documents you have. If they're in digital formats, print several copies. Present these to the workers' compensation law firm presenting your case so they can study them.
Sometimes an employee's hours worked are more evident based on communications with the company. For example, it might become clear based on your emails and text messages that you were at the job site too often for the reported hours to be accurate.
Most jobs require contact with third parties. For example, a driver for a towing company usually comes into regular contact with the police. A few statements from cops may make it apparent that the driver's hours were underreported.
Think about all of the folks you come into contact with in the course of your job. Provide a list to the workers' comp law firm so they can speak with them and make notes.
Receipts and Financial Records
Another small bit of evidence comes from your daily finances. If you regularly grab a cup of coffee at 8 a.m. on the way to work, for example, that will show up in the records.