A legitimate workplace injury does not necessarily guarantee Workers’ Compensation benefits. In fact, many claims are denied, preventing injured workers from receiving the compensation they desperately need.
To provide some insight, Hoffman Law Firm’s Workers’ Compensation attorneys have outlined some common reasons that claims are denied.
- You failed to report the incident immediately.
To Workers’ Comp insurers, the failure to report your injury right away indicates that you are not really hurt. While this assumption may be completely false, the situation can be easily avoided by talking to your employer immediately after your on-the-job accident.
- No one witnessed your injury.
While there’s nothing you can do to change the circumstances of your workplace accident, be sure to follow these steps moving forward. Inform your employee immediately, and if you recount the story to anyone else (co-workers, friends, etc), make sure the details are consistent.
- Your accident report doesn’t match your medical records.
Discrepancies in your recounting of the accident can cause Workers’ Comp insurers to question the validity of your claim. For instance, if you described the incident one way to your boss and another way to your doctor, your claim will likely be denied.
- You filed a claim after getting fired or laid off.
Waiting to file for Workers’ Comp in Charleston until after you’ve been fired or laid off looks suspicious – even if your claim is legitimate! In these circumstances, insurers wonder if you are filing out of revenge or spite.
- There is dispute over whether your injury was work-related.
Proving that your injury or illness was caused by workplace duties or exposure can be very tricky. It is best to have an experienced attorney on your side to help gather evidence, such as witness statements or medical records.
- You didn’t provide a recorded statement or access to medical records.
While injured workers are not obligated to provide the insurance company with a statement or medical authorization, the failure to do so may result in a denied claim. Your Charleston Workers’ Comp lawyer, like the ones you’ll find at Hoffman Law Firm, can handle all communication with the insurance company – and ensure they do not take advantage of you.
- You have a pre-existing condition.
If your on-the-job accident worsened your pre-existing condition, you are still eligible for Workers’ Compensation benefits. But insurers often view a pre-existing condition as a convenient excuse for denying a claim – and saving money.
- You were injured while under the influence.
If illegal drugs or alcohol are found in your system after your accident, your claim will be denied.
Contact Your Charleston Workers’ Comp Lawyers Today
If your Workers’ Comp claim was denied in Charleston, our team is here to help. We are committed to getting you the benefits you deserve and ensuring you receive the medical care necessary. To discuss your claim denial or to schedule a free consultation, contact Hoffman Law Firm’s Workers’ Compensation attorneys today!