Answered Questions About A Denied Workers' Comp Claim
Even if your workers' compensation case seems cut and dry, there is a possibility that your employer will deny your claim. A denial of your claim can occur for different reasons, but sometimes it is an effort on your employer's part to save money. If your claim was denied, it is important that you get to the root cause of the denial.
Why Did Your Employer Deny Your Claim?
Workers' compensation is insurance that requires regular payments on the premium from your employer. When employees file claims for injuries on the job, the premium can go up. To avoid this, your employer might dispute your claim.
Since the employer cannot just outright deny your claim without a reason, he or she will rely on holes in your claim to make the case for why you should not get paid. It is not uncommon for employers to hire investigators to follow injured workers to get proof that an injury was not as serious as claimed.
Another reason that your employer could deny your claim is bias. Unfortunately, your employer could believe that you are lying or faking your illness to receive monetary compensation.
What Can You Do to Rebut Your Employer's Claims?
How you handle your employer's denial depends largely on the reason cited. For instance, if your employer is arguing that the injury did not occur at work, you have to prove it did. You could rely on witness testimony or even video to help you prove your claim.
If your employer is arguing that your injury does not require medical treatment and time off from work to heal, you could rely on your medical care providers to help make the case. Your doctor could provide medical proof that you are injured and that treatment is necessary.
What Is the First Step When Denied?
If you do not have a workers' compensation attorney working with you, now is the time to get counsel. The attorney can review your case and ensure that you have done everything right up to that point. Your attorney can also resubmit your claim, ask the state's labor board to hear your case, or file a lawsuit against your employer and its insurance company, if necessary.
You have the legal right to pursue workers' compensation against your employer if you are hurt while doing your job. If you legitimately need medical treatment and time off from work, do not let your employer bully you into thinking otherwise. A workers' compensation attorney can help construct your case and get your earned benefits.