When you have sustained a work-related injury, you feel confident that your workers’ compensation claim will be approved. But much to your surprise, your claim was denied. Because of this, you may be facing weeks with no source of reliable income. Rather than let yourself be denied compensation you need and deserve, you may choose to file a workers’ comp lawsuit. If so, here are the six most common reasons for doing so.
1- Employer Denies Your Injury
In some instances, your employer may deny your injury took place on the job. For example, they may claim you were injured on a break or during your lunch hour, or that you were not clocked in when the injury occurred.
2- Your Injury Isn’t Covered
Depending on the type of workers’ comp insurance your employer has, it is possible the insurer may say your particular injury is not covered by the plan. Since this can be a very complex area to navigate from a legal standpoint, always hire an experienced workers’ comp attorney as quickly as possible once your claim is denied.
3- Wrong Medical Treatment
In many cases, an employer will coerce an injured employee into visiting the company doctor. When this happens, injuries are almost always made to be far less serious than they actually are, or may in fact be denied altogether by the doctor. Since you as an injured employee have the right to visit any doctor of your choosing, don’t let this deceptive practice cost you much-needed compensation. Instead, file your lawsuit at once.
4- Employer Disputes Your Story
If there were no witnesses to your accident, your employer may dispute your story and hope they can drag out the process until you give up. If this is happening to you, file a lawsuit immediately. The longer you wait, the harder it will be for your attorney to use medical records, internal workplace documents, and other evidence needed to win your case.
5- The Dreaded Pre-Existing Condition
When it comes to trying to be compensated by insurance companies, the dreaded “pre-existing condition” is a common tactic used to deny claims, and workers’ comp claims are no exception. When your employer uses this tactic with your injury, filing a lawsuit will probably be the only way you will be able to emerge a winner. Contrary to what your employer may tell you, if your workplace injury resulted in making a pre-existing condition worse, you are still entitled to receive workers’ comp benefits.
6- Refusing to Cooperate
Last but not least, you may need to file a workers’ comp lawsuit due to your original claim being denied due to what the insurance company termed a “lack of cooperation” on your part. By this, the company likely meant you refused to give them a recorded statement regarding your accident. However, since you are not legally required to give such a statement, this should play no bearing on whether or not you receive workers’ comp benefits. But since many employees don’t know this, they assume they have blown their case.
Having been a loyal employee to your company, you are probably shocked at having your workers’ comp claim denied. However, if you choose to be proactive and hire an experienced workers’ comp lawyer to file a lawsuit on your behalf, compensation can still come your way.