Workers’ Comp Denied: How to Deal With a Denied Claim
Insurance companies don’t always play fair. Neither do employers. If your company or their insurance denies your compensation claim you have options available to you. Sometimes you just need to be persistent, have the right leverage, or get enough proof. That said, they aren’t always forthcoming about what they’re looking for. While they have to give you a reason why they denied your workers’ compensation claim, making the process more difficult on you has one advantage. It weeds out those who aren’t willing to fight for compensation.
In this article, we’ll talk about some of the reasons why most people get their workers’ comp denied. A workers’ comp attorney can help you leverage your employer or their insurance company into paying the compensation that you’re owed. To learn more, contact Dewberry Law today.
Why Was Your Workers’ Comp Denied?
It’s important to realize that if your claim can be denied, it probably will be. In other words, if your employer or their insurance company can find some legal reason for denying your claim, that’s exactly what they’ll do. The insurance company represents the interests of your employer. They do not represent your interests. You are a claimant on one of their client’s policies. They are not going to go out of their way to prove you have a valid claim. They will go out of their way to prove you don’t have a valid claim.
You missed the deadline.
Your workers’ comp claim can be legally denied if you miss any of a number of deadlines. If you suffer injury on the job, you should report the injury or accident immediately. You will then need to file a claim with your employer. In some cases, you will need to file an appeal. There is a schedule for doing each of these and the clock begins ticking at the moment you report yourself injured. If you miss a deadline, you could be out of luck.
They’re claiming your injury is not work-related.
In some cases, your employer may claim that your injury did not occur at work or that it was part of a pre-existing condition. In some cases, your employer will blame you for the injury and accuse you of some misconduct that resulted in your injuries. If they make this claim, you will need to be able to prove that the most likely reason for your injury was your job. This will likely require the aid of a workers’ compensation lawyer.
The state restricts compensation for your condition.
If your condition is psychological or the cumulative effect of years of labor, your employer may claim an exemption. For instance, if there is wear and tear on your body from years of labor and other activities, the state may not force your employer to pay for your injuries.
You filed the claim after leaving your job.
Claims filed after an employee was fired, quit, or laid off are generally denied without consideration. Nonetheless, you may have a valid reason for filing the claim after you left the job. In some cases, employers fire employees who suffer injury on the job in order to avoid paying out on their claim. If this is your situation, you should contact a workers comp lawyer to determine if you have a case to file a claim.
Dewberry Law Can Help You Appeal If You Had Workers’ Comp Denied
If you believe your claim was denied unfairly, you’re probably right. Dewberry Law has helped clients just like you get the evidence they need to appeal a workers’ comp denial.
Denials happen, sometimes as part of the process of applying for workers’ comp. Don’t get discouraged. Insurance companies count on those who will simply walk away at the first sign of pushback. If even 5% of everyone they deny never attempts to fight the decision, that amounts to millions of dollars a year that they don’t have to spend.