Getting injured at work is stressful enough—but what if your employer lies about your injury to avoid paying compensation benefits?
Getting injured at work is stressful enough—but what if your employer lies about your injury to avoid paying workers’ compensation benefits? Unfortunately, some employers mislead, deny, or manipulate the facts to protect their interests and avoid higher insurance costs.
If you suspect your employer is lying about your work injury, knowing your rights and taking immediate action to protect your claim is crucial. In this guide, we’ll cover:
- Common employer lies and tactics
- Your legal rights under Missouri law
- How to prove your injury and protect your benefits
Common Lies Employers Tell About Work Injuries
Employers sometimes bend the truth to deny or minimize workers’ compensation claims. Some of the most common misleading statements include: (Missouri Workers’ Compensation Law – RSMo § 287.120)
- “Your injury didn’t happen at work.” Employers may claim that your injury occurred outside of work or was pre-existing to avoid paying benefits.
- “You weren’t on the clock when you got hurt.” Even if you were on a break, walking to your workstation, or running a work errand, your injury may still qualify for workers’ comp.
- “You didn’t report the injury in time.” Missouri law requires that workplace injuries be reported within 30 days—but some employers falsely claim it was reported too late.
- “We don’t have workers’ compensation insurance.” Most Missouri businesses must carry workers’ comp insurance—and failing to provide it is illegal.
- “You were at fault, so you don’t qualify.” Workers’ compensation is a no-fault system, meaning you can still receive benefits even if the injury was partially your fault.
What Should You Do If Your Employer Lies About Your Injury?
If your employer is lying or disputing your claim, take the following steps immediately to protect your rights. (Missouri Workers’ Compensation Law – RSMo § 287.140)
Step 1: Gather Evidence
Start collecting proof to show that your injury happened at work. Key evidence includes:
- Witness statements from coworkers
- Security footage (if available)
- Medical records with doctor’s notes
- Photos of the injury or accident scene
Tip: If possible, document the accident as soon as it happens.
Step 2: Report Your Injury in Writing
Even if your employer denies the injury, report it in writing and keep a copy for your records. Missouri law requires workers to report injuries within 30 days. (Missouri Workers’ Compensation Law – RSMo § 287.420)
Include:
- The date, time, and location of the injury
- A detailed description of what happened
- Any witnesses who saw the accident
Tip: If your employer refuses to acknowledge your report, send it via certified mail or email to create a record.
Step 3: Seek Medical Treatment Immediately
Even if your employer disputes your injury, see a doctor immediately. Your medical records will serve as critical evidence in your claim.
If your employer refuses to authorize medical treatment, contact a Missouri workers’ compensation attorney to force their compliance. (Missouri Workers’ Compensation Law – RSMo § 287.140)
Tip: Be honest with the doctor and make sure they document that your injury happened at work.
Step 4: File a Workers’ Compensation Claim Yourself
If your employer refuses to report your injury, you can file a claim directly with the Missouri Division of Workers’ Compensation. (Missouri Workers’ Compensation Law – RSMo § 287.380)
How to File:
- Complete a Claim for Compensation form
- Submit it to the Missouri Division of Workers’ Compensation
- Keep a copy for your records
Tip: If your employer lied or provided false information, include evidence proving your legitimate claim.
Can You Sue Your Employer for Lying About Your Injury?
Workers’ compensation is your only legal remedy in most cases, meaning you cannot sue your employer for a workplace injury. However, there are exceptions: (Missouri Workers’ Compensation Law – RSMo § 287.780)
- Employer fraud or misconduct: If your employer intentionally lied, falsified records, or retaliated against you, you may have legal grounds for additional action.
- Employer failed to provide workers’ comp insurance: If your employer does not have workers’ compensation insurance, you may be able to file a personal injury lawsuit.
- Third-party negligence: If a third party (such as a manufacturer or subcontractor) caused your injury, you may be able to pursue a lawsuit against them.
Tip: If you suspect fraud or retaliation, immediately speak with a workers’ compensation attorney.
What If My Employer Retaliates Against Me?
Missouri law prohibits retaliation against workers who file workers’ compensation claims. However, some employers still try to: (Missouri Workers’ Compensation Law – RSMo § 287.780)
- Fire or demote you after your injury
- Cut your hours or reduce your pay
- Harass or intimidate you
- Give you poor performance reviews to justify firing you
If your employer retaliates, you may have a legal claim for wrongful termination. Contact a workers’ compensation attorney immediately.
Should You Hire a Workers’ Compensation Lawyer?
Yes. If your employer is lying about your work injury, it can jeopardize your claim and financial future. A Missouri workers’ compensation attorney can help:
- Prove your injury happened at work
- Gather medical evidence and witness statements
- File your claim correctly
- Fight employer retaliation
- Take legal action if necessary
Don’t let your employer’s lies cost you your benefits.
Contact The Law Office of James M. Hoffmann Today
If your employer lies about your work injury, don’t panic—fight back with evidence and legal support. Missouri law is on your side, and you have the right to receive the benefits you deserve.