Do you feel like you have a solid case to use workers' compensation, but your claim was denied? If so, you may be wondering how this could happen. Here are a few reasons why workers' compensation claims are denied.
The Injury Isn't Covered By Workers' Compensation
Start by looking at the nature of the injury and how it happened. You may be surprised to learn that the injury isn't covered by local workers' compensation laws. With each state having its own laws, it can be very confusing trying to figure out what kind of injuries are actually covered. Simply being injured while on the job may not be enough to have a workers' compensation claim approved.
The Injury Wasn't An Accident
Some state laws require that the injury is an accident that is caused by some sort of interruption in your normal work responsibilities. This is very obvious in cases such as slip and falls because it happens unexpectedly and out of nowhere. However, there are other injuries that may not be covered if there are state laws that indicate how the accident must have happened.
The biggest problem with this justification is that it does not allow repetitive motion injuries to be included under workers' compensation. Simply putting more strain on your body by moving in a certain way is viewed as a regular hazard of the job and not an interruption caused by an accident.
The Injury Wasn't Reported
It's important that your employer knows that the injury happened immediately afterward. There are time limits for how long you have to report any sort of workplace injury, and you may have missed the window that the report needed to happen within. It will also help to report the injury in writing to have proof of when it was reported.
It's unfortunate, but some people do not realize how bad an injury is until weeks or months later. They think that they are going to heal from their injury and that it is no big deal, but then the window to report the accident closes and it is too late. This causes the employee to be stuck with the bills related to the accident when they otherwise would have been covered by workers' compensation.
If you are facing a workers' compensation denial that you feel is unfair, it is best to work with a lawyer for the appeal process. With so much money on the line, it's the best course of action you can take to get the compensation you deserve.
Contact a workers' compensation attorney near you to learn more.
