Injuries obtained in the workplace or while doing a job give an employee access to workers’ compensation. This is a sort of safety net for the injured party to fall on when the injury causes them to take time off or to permanently quit their job.
The amount given to the injured employee depends upon the level of risk involved in the job. Although many states require workers’ compensation as part of their law there are still some reasons why Worker compensation claim denial happens.
Common Reasons for Denials
Before you looking for ways to solve your worker compensation denial, you should first determine why you were denied the settlement in the first place. Here are the most common
Reasons why injured employees are denied.
Injury Not Reported On Time many states have a cut-off on when a workplace accident needs to be reported. Usually, states allow up to 30 days for the injured party to report the incident, but the length of time changes depending on the state you live in. To make sure your injury does not get rejected, if it is possible, file an injury report immediately after the accident.
Worker Compensation Claim Not Filed On Time aside from reporting the actual accident that caused the injury, the employee must also file a for workers compensation. States usually give 30 to 90 days until the claim is considered invalid.
No Witnesses During The Accident usually gives an employee less credibility and more chances of getting a worker compensation claim denial. Often times an employer will not admit to an accident happening to avoid any liabilities, hence having a reliable witness greatly helps in cases like these.
No Medical Care Given is a big red light that can get your workers’ compensation denied. Having official documents from a hospital or any medical facility that you were treated for injuries gives written proof that you injury cannot be denied.
Injury Did Not Occur While On the Job especially pre-existing conditions will most likely not be covered by workers’ compensation.
What To Do Next?
If your worker compensation claim was denied this does not mean the end of the road for your case. In all states appealing for a worker compensation claim denial is allowed. Before filing your appeal you may want to meet with your employer or their insurance provider in case the matter can be settled easily. If that does not produce the desired result you can proceed with filing an appeal for the decision.
Keep in mind that this is a long and legal process that may involve several levels of appeal. The best way to ensure that you have any chance of overturning the appeal is to hire an experienced workers’ compensation lawyer. For complicated cases, a seasoned lawyer can serve as your legal representative to ensure that you receive what is due to you. Your lawyer will work with you to ensure that your rights as a worker are protected. Don’t give up your settlement just because your claim was denied; ask for a professional’s help instead.
Worker compensation denied? It is not the end of the world. Check out what lawyers are saying about Worker compensation claim denial at www.workercompensationlawyer.co.