• Sep
    Posted in:
    Posted by: Jarve Kaplan Granato Starr

    Can a Workers’ Compensation Claim be Denied?

    Whether you work in the executive suite of a major corporation or on a construction site building suburban homes, getting hurt on the job is the last thing you wanted to happen to you. If your injury is bad enough for you to miss work, there’s a good chance that your once-supportive boss starts giving you the cold shoulder when you call in, and you’re getting the sense that they’re none-too-thrilled about your filing a workers’ compensation claim.

    Under the best circumstances, filing for workers’ compensation is fairly straightforward. You put through the paperwork, it is accepted and you get the reimbursement and time off that you need. But sometimes workers’ compensation claims are denied, and when that happens it may be necessary for you to hire a workers’ compensation attorney to make sure that you get what you deserve.

    Your best path forward is to educate yourself about all of the possibilities, including understanding the reasons why some workers’ compensation claims get turned down. Here are a few of the most common reasons:

    • Not Reporting the Injury Right Away – Though there are obviously some situations where it is impossible to file a claim immediately after getting injured, it’s always a good idea to report your injury as soon as possible to your supervisor. Many states require that work-related injuries be reported as quickly as possible. There are plenty of instances when what seems like a minor incident results in a long-lasting or severe injury that doesn’t develop until weeks or months later. Protect yourself by reporting all incidents when they happen.
    • Nobody Saw You Get Hurt – Witnesses are very important to proving that you actually got hurt, and if nobody saw what happened despite your work environment lending itself to having people around, that could work against you. The best way to compensate for a lack of witnesses is to report it to your supervisor right away, with as much detail as possible.
    • Discrepancies Between Your Claim and Your Medical Records – Always be honest in all things having to do with a workers’ compensation claim. If you report what happened and then tell your physician something different, or if your injuries are not consistent with what you described, it makes the insurance company doubt the truth of your claim.
    • Having illegal drugs in your system – Workers’ compensation insurance companies are unlikely to compensate you for any injury that occurred when you had illegal drugs in your system, so if a blood or urine sample is taken during your injury treatment and you fail a drug screen, you are likely to be denied coverage.

    There are many other pitfalls to filing a workers’ compensation claim. For experienced legal guidance, contact our office today to discuss what happened to you and how we can protect your rights.

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