Receiving a denial on your workers’ compensation claim can be a crushing blow. However, you aren’t out of options. Understanding why your claim was denied and contacting an experienced workers’ comp lawyer can help you bring your case forward to challenge the denial and potentially be granted the benefits you deserve after being injured on the job. Clearly, work injuries can cause serious pain and suffering in addition can be devastating to the family finances.
You Did Not File the Accident Form or Report Your Injury in a Timely Fashion
The most important thing you can do after being injured in an accident at work is to report the incident to your supervisor immediately and fill out a formal accident report. If you fail to do this in a timely fashion, you may have your workers’ compensation denied on the assumption that the injury was not severe enough for you to fill out a report. It is not necessary that a formal incident report be filed by you but it is absolutely certain that you must report the injury to your supervisor.
You Tested Positive for Drugs or Alcohol at the Hospital or Doctor’s Office
If you tested positive for illegal drugs or alcohol at the hospital or doctor’s office that you were taken to after the incident, you may be denied workers’ compensation. However, it is important to remember that false positives are possible and many medications, even over-the-counter ones, can produce false test results. Also, failing such tests does not always prevent you from recovering workers’ compensation benefits. Failing such tests could lead to termination of employment but does not necessarily mean you cannot continue to pursue benefits.
The Accident Report Differs from Witness Reports
If there were witnesses at the incident site and their statements contradict what you wrote in the accident report, this could be used as a basis to deny your workers’ compensation claim. This is where an attorney becomes very valuable – your lawyer may be able to secure additional evidence that supports your claims. This is especially critical if you believe that your co-workers may have been coerced to make statements that differ from what actually happened by your employer.
Your Injury or Accident Was Not Witnessed
If the accident you were involved in was not witnessed and your report of what happened cannot be corroborated, your workers’ comp claim may be denied. However, there are other forms of evidence that can be brought forward to support your report, such as video evidence or your medical records.
When to Contact an Attorney
Although an attorney can be invaluable when you file for workers’ compensation initially, but many people file their claim without the help of a lawyer. However, if your claim has been denied, you don’t want to hesitate securing legal representation right away. You may have the possibility of challenging the denial, but an doing so is exponentially more complicated than an initial filing and requires the expertise and resources of a skilled workers’ compensation attorney.
At Guest & Brady, LLC, we have experience working for individuals who have been hurt on the job and will passionately advocate for your rights to the benefits you deserve. You can trust that we will exhaust every possible option for compensation, so you can obtain the medical care and replacement for lost wages needed to overcome the challenges ahead. Contact us today for a consultation by calling (864) 233-7200.