The Law in Your Corner

Unfortunately, workplace accidents are quite common. In 2021, it was reported there were about 2.6 million nonfatal workplace injuries and illnesses. But just because an accident happens on the job doesn't mean that an injured worker is guaranteed workers' compensation benefits. Far from it. In fact, many workers' compensation claims are denied, often due to excuses from employers and insurance companies. Here are some common excuses for workers' compensation denial and how a workers' compensation claim attorney can help you defeat them:

1. "It Wasn't a Work-Related Injury."

Employers and insurance companies will often try to argue that work-related activities didn't cause an injury to avoid paying out benefits. For example, if an employee slips and falls in the parking lot on their way to work, it could be classified as a non-work-related injury.

A workers' compensation claim attorney can help you gather evidence to show that your job duties directly caused your injury. They can also help you navigate the complex rules and regulations that define what constitutes a "work-related injury."

2. "You're Not Covered by the Workers' Compensation Policy."

Employers must have workers' compensation insurance, but that doesn't mean they always do. Some employers try to avoid paying out benefits by arguing that an injured worker isn't covered by their policy.

Your attorney can help you determine whether your employer has a valid workers' compensation policy and if it covers your injury. They can also help you navigate the appeals process if your employer or insurance company is found to be non-compliant with the law.

3. "Your Injury Isn't Serious Enough to Qualify for Benefits."

Workers' compensation benefits are designed to provide financial assistance to injured workers while unable to work. But employers and insurance companies will often try to argue that an injury isn't serious enough to qualify for benefits.

A workers' compensation claim attorney can help you gather medical evidence to prove the extent of your injury and how it's preventing you from working. They can also help you navigate the complex rules and regulations that determine what constitutes a "serious injury."

4. "You're Not Eligible for Benefits Because of Your Pre-existing Condition."

If you have a pre-existing condition, employers and insurance companies may try to use that as an excuse to deny your workers' compensation claim. But just because you have a pre-existing condition doesn't mean you're not eligible for benefits.

Your compensation attorney can help you gather medical evidence to show that your pre-existing condition did not cause the injury and that the injury was due to the work-related incident.

In conclusion, workers' compensation claims can be denied for many reasons, but an experienced attorney can help you fight back against these common excuses and help you get the benefits you deserve. Contact a workers' compensation claim attorney for more information, like R Trent McAuliffe.