Employees can’t always count on their workers’ compensation providers to do the right thing. The company may try to avoid responsibility or deny you support as you struggle to cope with your medical issues. Even if you are in too much pain to be able to work, your claim still might be denied.
Even if your claim was denied, this doesn’t mean that your case is over and you should give up on compensation. There are other alternatives besides throwing in the towel and accepting their decision. Keep scrolling to learn more about how you can fight for your rights.
The Most Common Reasons Workers Comp Claims Are Filed
Strains and sprains are the most common reason workers comp claims are filed, representing 30% of all cases. Cuts and puncture wounds represent 19% of cases. In 12% of cases, a contusion is involved. Inflammation and fractures are responsible for 5% each.
Any of these conditions can involve ongoing pain that will make it necessary for you to miss work occasionally. Even if you’re a hard worker and you’re trying your best to show up every day, pain from an injury can stop you in your tracks.
What to Do When Workers Comp Won’t Pay
While no one solution will work for every case, the following options may be available to you.
Find Legal Counsel
After a denied claim, you have several different options available to you in seeking compensation. Some will be more viable than others, depending on your situation. An experienced workers’ compensation lawyer can explain all the options to you and make recommendations for your case.
Navigating the complicated bureaucratic processes, proving a case, or succeeding with an appeal can all be difficult when the opposing side has more relevant knowledge and staff available to work against you. An attorney can work to level the playing field and give you the edge you need to fight back.
Make sure you find a qualified attorney you can trust. Ask friends and family or other lawyers to recommend attorneys with relevant experience. Before you commit to working with a lawyer, you should also verify their credentials online through your state’s board association.
Appeal Your Case
There are a lot of reasons why an insurance provider might deny your workplace injury claim. Your first step should be to investigate the explanations given by your employer and see what you might be able to do to make a successful appeal. Claims can be denied for the following reasons:
- You missed a deadline
- Your injury doesn’t appear to be workplace-related
- There isn’t enough evidence of your injury
If you believe the people who denied your claim made a mistake or didn’t fully consider the evidence you provided, you should consider making an appeal. Getting professional medical treatment for your condition and getting testimony from your doctor will go a long way toward demonstrating the causes of your injury.
You might need to find other witnesses or gather evidence that will show without a doubt that your injury is related to your work. In addition, your lawyer may call upon expert witnesses who can explain how your injury is work-related.
Look for Third-Party Liability
In some work injury cases, there may also be potential third-party liability. That means there is another company or individual beyond you and your employer that could be held responsible for your injury. By working with a lawyer, you may be able to collect damages from all parties that contributed to your injury in some way.
Some third parties may share liability if they failed to meet government regulation of safety in the workplace or if they provided a defective tool or product involved in the incident. If you were working on a property not owned by your employer or interacting with contract staff from a different employer, you might be able to bring your injury claim against those employers as well.
You can count on a lawyer to help you determine the parties liable for your injury and work for your compensation.
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