It is important for an injured worker to understand why their worker’s compensation benefits have been denied before filing a personal injury claim. According to the website of the LaMarca Law Group, P.C., there is a variety of reasons why a worker’s compensation benefit can be denied, knowing the main reason for the denial of benefit would be the key in ensuring that the situation is addressed and dealt with properly. To help with such scenarios, here are some reasons why workers’ compensation is denied:
- No witnesses and not reporting the incident immediately could to lead to holes in the documentation and lack of proof. Without a witness, it will only be based on your statement, which can then be argued by the insurance company. Furthermore, the state often requires workers to report any injury or accident within a very short amount of time, otherwise they can dispute that the injuries were not serious enough to warrant worker’s compensation.
- Inconsistency between your accident report and the initial medical report. Discrepancies in your report can become an issue of its validity. Likewise, medical records that reveal the presence of illicit drugs will greatly lessen the chance of a worker’s compensation grant.
- Filing a claim after being laid off or fired can make the insurance companies think that the claim is only made as revenge to get more money. Although there are honest claims after injuries, it may be harder to convince the court that it is not a revenge claim.
- Providing a recorded statement or signing medical authorizations can be a double-edge sword; a recorded statement still does not guarantee that the compensation will be approved, but refusing to provide one can result to the claim being denied. Similarly, it is usually for insurance companies to ask for a medical authorization so that they can directly contact the injured worker’s health care providers to have a copy of the medical bills and records. They often choose to get the records themselves to avoid the record being cherry-picked; however, they can also invade privacy and take medical records that are not related to the accident. The injured worker is not legally obligated to provide these recorded statements and medical authorization, and can request the assistance of their lawyer.
A Champaign workers’ comp lawyer is likely to be aware of how injured workers who have been denied their right for worker’s compensationcan file injury claims against the company or the person who caused the accident.