You got injured while on the job, the company you work for should have prevented your injury, and you filed an incident report along with paperwork for collection workers' compensation. Despite doing everything seemingly correctly, you still got denied workers' comp and may now be left with no income, no money, and an injury somebody has to pay for.
Why did your workers' compensation claim get denied? According to those studied in a workers' compensation survey by Martindale-Nolo Research, nearly half of the participants experienced an initial denial in their claim.
Learn common reasons why your workers' compensation claim likely got denied as well as ways you can overcome the situation. Luckily, just because you have faced workers' comp denial recently doesn't mean you will never get your claim.
Your Injury Was Caused by a Preexisting Condition
A preexisting condition is a medical problem that is not caused by your injury, but rather, is a condition that you had prior to beginning work with your employer. For example, you may have had a bad back before you began working for your employer. If you pulled a muscle in your back lifting a box from the ground, your employer can argue that your back muscle got injured because you have a bad back already, not because you were attempting to lift a heavy box as part of your job (which would otherwise make them responsible for your injury).
A preexisting condition or injury is not cause to receive workers' compensation because an insurance company or your employer could argue that your injury would occur anywhere, not just at work. It's difficult to prove a condition you already have as not being to blame for your current work injury, so hire a lawyer for assistance.
While your chances of having your claim accepted are not high if you have a preexisting condition, your lawyer will fight to prove that your current medical problems did not cause your accident and the company you work for is at fault. Your lawyer can prove your case by showing evidence you were not properly trained, that an able-bodied person would still be injured performing a task you got hurt doing, or that your workplace was unsafe.
You Missed Filing Deadlines or Made Paperwork Mistakes
You have to file a lot of paperwork to receive a workers' compensation allotment quickly. You need to include an incident report, witness statements, and doctors' notes by a certain date. Every state has their own time frame. Because you will most likely not be notified if you have filed an incomplete or late form other than your denial notice, always have a lawyer check your paperwork before submission.
Losing out on workers' comp due to a small error can be frustrating, but the situation is not entirely dour. All you need to do is hire a lawyer to assist you in refiling your claim with correct and more detailed information aimed at creating a no-argue case for your work injury.
The goal of many employers is to pay as little workers' compensation as possible, which leads to many appropriate claims getting initially denied. Don't give up easily. Rather, hire an expert lawyer who is skilled in injury and workers' compensation claims.
Not only is getting a lawyer the ideal way to gain workers' compensation claim approval, but you can even get more money for your efforts by having professional assistance. See our team of legal experts at Stafford, Neal & Soule, S.C., today. We can assist you in your work injury and compensation case so you have better chances of getting the restitution you deserve.