Why Was That Workers' Compensation Claim Denied?

Law Blog

For workers that need it, workers' compensation insurance very often does what it's supposed to do. Your employer is required to provide you with this form of insurance that covers certain work-related injuries as well as some occupational diseases. Unfortunately, some claims get denied and some workers just give up and return to work. This can be a mistake and make it even harder to get the benefits you need. Read on to learn more about some common reasons for claim denials so that you can avoid them and get your claim back in force.

They say your injury occurred off-site

Workers' compensation insurance covers workers for injuries that occur while working. If your injury happened while away from work, but is related to work, then you might still be covered. The key issue is how the situation related to your job and you should be prepared to show that the location and circumstances surrounding your injury was work-related. Some common off-site injury situations might include:

  • Traveling on company business
  • Attending off-site training sessions
  • Commuting to and from work in a company vehicle

You delayed filing your claim

While the exact time limit varies from state to state, you must file your claim in a timely manner. In general, the longer you wait to file, the greater the difficulty in having it approved. If you are injured, see to it that a claim is filed as soon as possible. Inform your employer as soon as possible after an injury or the diagnosis of an industrial illness and follow up on the claim. If you wait too long to file, it might look suspicious to the insurance carrier and put the credibility of your claim in question.

They claim you have a preexisting condition

In many cases, the existence of an injury or condition before the work-related incident is not a bar to getting benefits. However, it might be more difficult to get what you deserve. For example, if you were involved in a car accident and injured your back you may have more of a challenge getting workers' compensation benefits if you later re-injure your back at work. Just like all insurance companies, the carrier's goal is to pay out as little as possible on claims. They may view the circumstances of the work-related accident as being only partially to blame for the injury.

They claim misconduct contributed to the injury

Not everything is covered by workers' comp and one of those instances are injuries that fall into one of the below categories:

  • Self-inflicted
  • Took place while under the influence of alcohol or drugs
  • Was the result of horseplay or a practical joke at work

No matter what the reason might be, speak to a workers' compensation attorney at once. You are entitled to a series of appeals and professional legal help could get you the benefits you need.

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15 September 2018

How to Make the Law Work For You

The court system can seem frightening and confusing if you're not used to using it. Whether you've been accused of a crime and you're trying to navigate the criminal court system, or you're being sued or considering suing someone else in civil court, you need an advocate who knows their way around. That's why finding the right lawyer for the job is so important. In this blog, I'll be helping you learn how to choose the right lawyer for the job and sharing information about legal strategies and courtroom procedures that you may come across when you have a legal problem. You need accurate information to help you understand the court system, and this blog can help.