Is Your Employer Denying Workers’ Compensation?
Whenever you go to work, you should feel safe that you will make it back home safely. Your employer is obligated to create a safe and healthy work environment for you, but the world isn’t perfect. Mistakes and accidents happen at work that could leave you injured or ill. That’s when you should file a workers’ compensation claim, but what happens if the claim is denied.
Why Your Claim May Be Denied
It is in your employer’s and their insurance agency’s interest to deny your claim. Your employer gets to maintain a steady insurance premium while the agency won’t lose money. That’s why they will always look for reasons to deny the claim. However, some reasons might be valid under the law. These include:
- Missed deadlines: there are statutes that govern how long you should wait before reporting specific injuries. That’s why you need to report your injury to your employer right away. You should also immediately file a workers’ compensation claim at an industry or workers’ compensation court to formally notify your employer.
- Disputes on whether the injury was work-related: Your employer and their insurance company might argue that you weren’t injured at work. If your doctor directly links your injury to work, but the insurance company denies it, you will have to attend an independent medical examination.
- Conditions that don’t meet state guidelines: If your condition doesn’t comply with the state’s guidelines, your claim could be nullified. For instance, the severity of your injury might not be enough to substantiate a workers’ compensation claim.
- Claim filed after leaving the job: insurers will typically deny claims filed after an employee quits, is fired, or is laid off. You could, however, have a good reason for the delay, meaning that your appeal might be successful. For instance, maybe you were fired in retaliation to you filing the claim.
Appealing a Denied Worker’s Compensation Claim
Your denial letter will contain information on how you can appeal the decision – read it carefully. In most cases, the first level of appeal is with an administrative law judge, who will listen to your related evidence supporting the appeal.
As long as your claim was denied, you should get a lawyer fast. The appeal process is complex. It requires collecting evidence, understanding the whole process, and arguing your case out. You might have a solid case but lose due to a technicality. A great lawyer will walk you through your case. Besides, most lawyers charge a percentage of the total benefits you receive – it will cost you nothing if you lose.
You Can Still Win
A denied claim isn’t the end. You can easily argue your way into getting compensated. It all starts with hiring the right lawyer, someone who understands how to navigate the compensation process. If you are employer is denying workers’ compensation in MA then feel free to reach out to us for free workers’ compensation consultation or to hire a reputable lawyer.