When you sustain an injury at your workplace, you typically get plunged into a dire situation, often forcing you to rely on workers’ compensation for the needs of your family. But what will you do if your employer does not accept your claim?
That is where experienced workers’ compensation lawyers come to the scene. They protect your rights and make sure you get the compensation you deserve. However, there are different ways through which employers can deny workers’ compensation claims.
In this article, we’ll be giving you full insight into several of these reasons. We’ll round off with a roadmap of what you can do if an employer has denied your worker’s compensation claim. Read on to learn more.
When Can an Employer Deny a Workers’ Compensation Claim?
Here are the reasons an employer can give for denying your workers’ compensation claim.
1. Disputing the Injury’s Severity:Â Employers may deny the claim if they think that the injury is not as serious as has been argued.
2. Questioning the Injury’s Work-Relatedness: An employer might deny the claim if they think the injury did not occur at work. In such cases, it becomes your responsibility to disprove the employer.
3. Alleging Pre-Existing Conditions: The employers will say that the injury that you are suffering from was caused by some illness or another accident and not related to the workplace.
4. Lack of Proper Reporting: Inadequate documentation, delaying the reporting of the incident, or not following certain procedures may result in a rejection of the claim. This is why it is recommended to report the injury as soon as possible and in the right manner.
5. Suspicion of Fraud: Employers are likely to deny claims if they suspect fraud or exaggerate the condition. In such situations, they will demand a credible and thorough account of the ordeal.
6. Independent Contractor Status: Another risk is when an employer refuses to pay for workers’ compensation because they consider you an independent contractor.
7. Policy Exclusions: There are always some types of injuries or occurrences that certain insurance policies bar from compensation. If your case falls under such a category, then you cannot be compensated.
What You Can Do If Your Claim is Denied
It is important to know that a claim that has been rejected is not the final decision. You have the right to appeal and present your case.
There are ways this process can be done, and this is where the lawyer comes in to help. They gather all the necessary materials and ensure that there is strong support for the case being filed.
The employer having rejected your claim is something that shouldn’t leave you feeling helpless, as there is always legal help for injured workers through a workers’ compensation attorney.
Conclusion
Knowing about these situations can enable one to secure his/her case if an employer rejects the workers’ compensation claim.
Do not forget to contact a professional workers’ compensation attorney. They can help you and represent you in this process.
Guest post.
Editor’s note: Labour legislation differs from country to country so readers are advised to check with legal practitioners in their country for legal advice that is relevant to their circumstances.