Reasons Why Your Workers' Compensation Claim May Be Denied
If you filed for workers' compensation, it is likely because there is at least one component of your claim that has been denied. This doesn't mean you'll not be able to receive workers' compensation since your next step is to appeal the denial of your claim and have your case heard by a judge. Here are some common reasons why workers' compensation can be denied so that you can be prepared for a potential result of your filing.
The Claim Was For A Minor Workplace Injury
Be aware of injuries that are treated by a nurse on-site at the time of the injury. If you were treated at the workplace and sent back to perform your job that same day, your claim may be denied because you continued working and this made it seem like the injury was minor. Thankfully, this is not enough to prove the severity of a workplace injury and is a good reason to appeal the denial.
The Claim Wasn't Filed On Time
Each state will have its own statute of limitations regarding when you need to file for workers' compensation, and it is possible to have your claim denied if you file after that date passes. However, workplace injuries may not be as clear as they seem to be at first, with an injury getting worse over time to the point where you need to file for workers' compensation. A lawyer can help argue that you should still qualify for workers' compensation based on your unique circumstances.
The Claim Was Filed After Termination
While your claim can be denied if you file after being terminated from your job, you need to realize there are many exceptions to this denial reason. For example, the most notable exception is if you were fired after you reported the injury to your employer. It is not possible to be denied workers' compensation because an employer fires you faster than you are able to make a workers' compensation claim. If the timeline of events puts you in the legal right to file for workers' compensation, then you have a solid appeal case.
The Claim Has No Factual Evidence
A common reason to see your claim denied is because of no factual evidence that supports the claim that you were actually injured on the job. The problem is that this denial can happen even if you submit medical records that prove the injury occurred. If your claim was denied for this reason with the proper documentation submitted, you'll need to appeal the denial and have a judge view your documentation to make their own decision.
For more information, contact a workers' compensation lawyer today.