Many companies are required to possess workers’ compensation insurance. The sole purpose of this insurance is to protect employees in the event of injury by helping to pay for associated expenses. Unfortunately in some cases, after being injured on the job, the employer of the injured may deny a claim for workers compensation filed by the injured employee. When this happens it can leave you wondering and frustrated.
We’ve created a list of the top reasons workers’ compensation claims are denied by employers for your reference:
The injury was sustained outside of work.
Many claims are denied when you sustained the injury on your own time when away from your place of work. Employers that are given any reason to believe that your injury was sustained on your own time, your claim may very well be rejected. Exceptions may be made if the injury was sustained while on company time, but outside of the workplace. For example, if you are in an accident while driving to perform work-related duties and are subsequently injured, your claim will likely stand as valid.
The employer believes the injury was your fault & that they are not liable.
Your claim may be denied if you are believed to be responsible for the accident. An experienced Memphis, TN workers compensation lawyer from Darrell Castle & Associates explains that fault is not always a determining factor when evaluating the validity of a workers’ compensation claim. Thus, you may still be eligible to receive benefits even if you were responsible for the accident. However certain factors such as intoxication or other negligent behaviors may easily invalidate your claim.
Failing to notify your employer of injuries in a timely manner.
Time is of the essence when filing a workers’ compensation claim. In many states, such as Tennessee you have a 15 day grace period to notify your employer of your injury. After the 15 day window has passed, you may no longer have grounds to file for workers’ compensation. If you are injured on the job, it pays to act as quickly as you can.
Failing to seek medical attention after sustaining an injury at work.
An essential component of your claim will be medical records that document your injuries. These records serve as proof that you did seek medical attention after the incident. If you are unable to produce medical records, your claim may very well be denied or otherwise invalidated.
A pre-existing condition contributed to your injury.
In some instances, work injuries may be partially a result of a pre-existing condition, but this is not always a valid reason to deny your workers’ compensation claim. If you believe that your employer denied your claim because of the presence of a pre-existing medical condition, you may still be eligible for compensation.
Invaluable legal assistance is available!
Workers’ compensation claim denial is not the end of the road. There are ways you can argue against a denied claim by means of legal action. With the assistance of a lawyer that specializes in workers’ compensation related law, you may be able to be compensated for your injury by means of an appeal.