When you’re injured while at work, you may breathe a sigh of relief knowing you can be compensated for your injuries through workers’ compensation. But, what happens if your claim is denied? How do you handle the situation? Will you have to pay for your medical bills and other losses?
There are several reasons why a workers’ compensation claim might be denied. Each situation is unique, so your lawyer can help you work through understanding why. Some common reasons include:
- Missing a deadline: Every legal action has a deadline associated with it. To receive workers’ compensation benefits the injury must be reported to the employer immediately. That’s the first deadline. After that, the claim itself has to be filed within a certain period of time. If it’s not, it could get denied.
- Dealing with a dispute: There’s a chance your employer is disputing the claim altogether. Your employer might claim that you weren’t actually on the job when the accident happened. For example, you may have been injured while walking to work that morning instead of injured while at work. In any case, you would have to provide evidence of why you feel it happened while you were on the job; otherwise, it could be denied.
- Failing to meet guidelines: Certain states have restrictions that relate to workers’ compensation. For example, some states do not allow benefits for illnesses related to long-term stress from your job. Other states have restrictions about how severe an injury must be to receive compensation. If your claim doesn’t meet the guidelines, it could be denied.
- Leaving the job too soon: If you were fired from your job and filed a claim after the fact, it will likely be denied because it is viewed as retaliation. In some cases, there’s a reason you left your job after being injured, so it’s a legitimate claim. You’ll need to work with your attorney to prove you had a legitimate reason and your claim shouldn’t be denied.
Fight for Your Rights
After you understand why your claim was denied, it’s time for you to fight for your rights. If you feel the paperwork was done incorrectly, had an error or was filed late due to the insurer’s error, you might be able to still bring the claim. If the insurance company continues to deny your claim, you might be able to file a lawsuit against your employer instead.
When you’re injured at work, you should be compensated for your injuries. You may need to contact a legal professional, such as a Maryland workers compensation lawyer from Cohen & Cohen, P.C., to learn what you need to do to get started with your claim.