If you have been injured at work and have filed a workers' compensation claim, don't make the mistake of taking your claim approval for granted. You need the approval so that you can take care of medical expenses and lost wages, but oftentimes workers' compensation claims are denied. For more information about why these claims are denied and how to handle the denials, read below.
Common Reasons For Denial of Workers Compensation
1. Suspected use of drugs or alcohol: One of the first tasks for the emergency room or doctor who initially treats you for a work-related injury will be a blood test for the presence of drugs or alcohol. These drug screens detect certain drugs, even legally-prescribed medications. You may be able to refute this denial if you can prove that the medication was prescribed for you. If you have been denied your workers' compensation claim on the basis of a drug test, consult with a workers' compensation attorney for help in fighting this denial.
2. Lack of corroboration: Eye-witnesses to your injury are vital. If you are denied due to a lack of witnesses, you will need to take steps to find some corroboration:
- Revisit the injury scene and check with personnel in the area.
- Check for the presence of video cameras in the area and take steps to procure the recording.
- Ask your co-workers if they or someone they know could have witnessed the incident. Sometimes people don't want to get involved for fear of repercussions from the employer. If you suspect this is the case, attempt to appeal to their sense of fairness and doing the "right thing". After all, they may be in a similar position in the future.
3. Problems With Your Accident Report: Every time you give an account of your accident, you must take care not to change your story. The same facts, told to your supervisor, your doctor and anyone else must match up with the facts on the accident report. You may be able to correct any error in your report by filing an appeal.
4. Refusal to Give a Recorded Statement: If you refused to give a recorded statement to your employer's workers' compensation insurance company, you are to be commended. Never give recorded statements without your attorney's advice. Moreover, failure to give a recorded statement may not be a valid reason to deny you your claim.
If your workers' compensation claim has been denied for one of the above reasons or any other, contact a workers' compensation lawyer (such as Dennis Kenny Atty) as soon as possible. Once you get an experienced advocate on your side, you may be able to get your claim approved to get you the compensation you rightly deserve.Share