When Your Worker Comp Can Be Denied?

Worker compensation form for employment related injury or damage

Employees with serious injuries are shocked in many workers' compensation cases to discover the denial of their claim. While you can appeal these choices, with the help of an experienced employment lawyer, it is essential to help you determine why your claim has been refused in the insurance company. We explore in this blog some of the most popular reasons for employees' refusal.

  • Failure to Report Injury On-time

Many injuries in the workplace do not at first seem severe, but they are serious. For example, you may hurt your wrist after a ladder falls, but you can't realize it is fractured before it gets worse several days later. It is understandable that employees often hesitate to seek treatment because medical care costs are expensive.

Insurance undertakings will however look at this and wonder whether or not your injuries were really related to your work. In such cases, you need a competent lawyer who can collect evidence and build a strong case for your appeal.

  • Mismatched Medical Reports

If the injuries you have reported do not match your medical records, the insurance company will question workers’ comp claim. The story of your injury is important to keep in mind, because any discrepancies for the insurance provider will be major red flags.

  • Illicit Drugs in Your Blood Report

The insurance provider almost always rejects your claim if your accident sends you to the emergency room, and you have found the medical record of illicit drugs within your system. Although you can take help from a qualified attorney, yet, in these cases it can be very difficult.

A manual worker with an arm injury, wearing a sling.
  • Claim after Being Terminated

If your injury is not reported on a timely basis, your claim may be extra suspicious if you are fired or discharged before you report. Typically, insurers suppose that the claims against a previous employer have been filed in return, although the claim appears to be valid.

  • No One Witnessed the Injury

Workers’ comp can be denied if you do not have anyone as witness. The majority of unknown accidents are questioned. You can't do anything about that if you get hurt at work and nobody has seen your accident. However, you should definitely report the injury immediately to your colleagues and your supervisor and ensure that you tell everyone exactly the same about how your injury occurred.

  • Failed to Provide Authorized Medical Statements

Insurers are frequently asked to provide injured workers with a recorded accident and injury description statement. Sadly, that puts the employee in a tough position. A statement will not generally help an injured employee without a lawyer. The employee is not legally obliged to make a recorded statement to the insurer. When the insurer requests a declaration, the insurer usually has a problem with the case. The insurer will likely still not provide workers with compensation benefits if the employee gives the statement. However, the adjuster can tell the employee that if the employee does not provide the statement the insurer has prevented the compensation benefits from being launched.

Call us at Foshee and Yafee if your workers’ comp is denied yet after you do not fall under these conditions.

**Disclaimer: This content is not to be construed as legal advice nor does it establish terms of a client-attorney relationship.