preparing yourself for an injury lawsuit

Why Your Workers' Compensation Claim May Get Denied

When you suffer an injury on your job, you should be able to obtain relief from the financial burden that you are facing with medical expenses and lost wages through workers' compensation insurance. Unfortunately, though, collecting benefits can often be challenging. In addition, those who are deserving of the benefits get denied. It is not uncommon for an injured employee to make a mistake that puts their workers' comp claim at risk. To avoid potential issues with your claim, it is advised to work with an experienced workers' compensation attorney. However, it also helps to be familiar with a few of the mistakes that could jeopardize your claim.

Failing to Report Your Injury on Time 

Though each state will vary, most states require that employees report work-related injuries within 30 days from the date that the incident occurred to their employer. When the injury is reported, it should be done in writing, and you should include the date, time and location of where the accident occurred. If you fail to report your injury within the timeline provided by your state, you may be automatically denied your benefits. 

Neglecting to Follow the Requirements Given to You by Medical Professionals 

In order for you to qualify for benefits, you must comply with medical care protocol. This means that you must see a health care professional, get treatment from an authorized medical provider, and follow all orders. In the event that you fail to do this, it is unlikely that your claim will be approved. 

Providing Inconsistent Statements 

When inconsistent statements are made regarding the work incident or if a discrepancy comes up between the accident report and medical records, there is a good chance that the benefits will be denied by the insurance company. However, in this case, a workers' compensation lawyer will gather evidence in your favor to prove that you have a valid claim. 

Being Under the Influence 

After an on-the-job injury occurs, it is likely that you will undergo drug and alcohol testing. If you test positive for drug or alcohol use at the time of your accident, it is imminent that your claim will be denied. However, with the help of a workers' compensation lawyer, it may be possible to argue that the drugs or alcohol that were in your system at the time of the accident was not a contributing factor to the injury. 

By being familiar with the reasons that workers' compensation benefits are denied can help you take the necessary precautions in the event you suffer an on-the-job injury. If you require assistance applying for benefits or have recently received a denial, reach out to a local workers' compensation attorney.