A work-related injury can disrupt your life. It can take a financial toll if you cannot work; it can cause frustration for your family; it can result in a great deal of physical and mental suffering for you. While workers’ compensation benefits may not remedy all these issues, they can provide vital support during a difficult time.
Thus, learning that your employer or an insurance carrier has denied your claim can be devastating. However, in this situation, it is crucial not to lose hope. You have options and may still be able to collect these valuable benefits.
Understanding the reason for the denial
Before you decide how to proceed, you should understand why an Employer and its insurer denied your claim. Some of the most common reasons for denied workers’ compensation benefits include:
- A desire for the employer or its insurer to have more time to investigate the accident
- An effort by the employer or its insurer to pressure an injured worker to return to work
- A failure of communication between the employer and its insurer
- Failure to notify your Employer timely
- Failure to receive medical care shortly after the accident
Although the above may be all reasons for a denial, none of the above are an actual bar to compensability of a Claim.
Pursuing an Claim
In order to challenge an employer and its insurer’s internal determination, an injured worker must properly file a Claim with the Worker’s Compensation Commission. Filing a Claim provides the framework and a place a redress for injured workers. Should an injured worker has a Claim filed, they have a right to request a hearing for the Worker’s Compensation Commission provide an Order compelling the Employer/Insurer to pay benefits.
Since filing Claim opens the door to an injured worker’s rights, it is important that individual seek experienced and competent representation. Employer and insurer’s have representatives and attorneys that handle such claims every day. In order to level the playing field, injured workers must find their own representation to protect their rights.