If you are injured during the course of your normal employment, you have every right to claim workers’ compensation. It is a form of insurance which provides both medical benefits and wage replacement to employees when they are injured, making sure that you don’t get financially penalized for a work-related accident. However, in some cases, insurers reject legitimate claims, forcing undue hardship onto innocent and honest employees. If your compensation claim has been rejected, your next step should be to hire a workers comp attorney for ensuring the enforcement of your rights.
Here are five reasons your claim could be denied:
1. The Injury Was Not Reported Immediately
Insurers don’t like it when you don’t file a claim immediately after you get injured. Their rationale is that if you didn’t consider an accident to be worth reporting, you weren’t actually hurt much. In many states, the law requires you to report work-related injuries within a short period of time, which could be as low as 7 days. If you think that there is even a slight chance that your injury could cause you to miss work, do not hesitate and fill out an accident report as soon as possible.
2. The Accident Was Not Witnessed
If your accident was not witnessed by another person, there is a good chance that your workers’ compensation will be questioned. If no one saw you getting hurt, it can be hard to prove but not necessarily impossible. Make sure that you report the accident to your supervisor straight away and tell everyone the exact same thing when you are asked about how the accident occurred. In case your claim is denied, your workers comp lawyer could help you get justice.
3. Discrepancy Between the Medical Report and Your Accident Report
Insurers could reject your workers’ compensation claims if the initial report you file about how the accident occurred is inconsistent with the medical report received after you are examined. If you say that the accident happened in a particular way, and your medical reports and your doctor’s testimony contradicts it, your case could be compromised. Make sure when you share information regarding the accident with another person, you are consistent.
4. The Claim Was Filed After You Were Laid Off
Sometimes, due to the nature of the injury, you might have to delay filing a compensation claim. This is especially true in cases of severe injury. If you get laid off or fired by the time you are able to file for workers compensation, there is a good chance that your insurer will reject it. However, with an experienced attorney at your side, you can still win your case even if the claim was filed after your employment ended.
5. Initial Medical Records Show the Presence of Alcohol or Illegal Drugs
If you have suffered an injury at the workplace, you may be taken to the emergency room for treatment. In case the doctors detect either alcohol or drugs in your system, your compensation claim will most likely be rejected and you will be responsible for paying for your own medical care.
If your workers’ compensation claim is denied by the insurer, you should hire a seasoned attorney as soon as possible. At the Law Office of Michael J. Holmes, we have the experience needed to investigate your claim and to litigate your case in court if necessary. We will work hard to get you the compensation you need for your injuries.