Confused about why your workers’ compensation claim got denied? Or perhaps you’re thinking about filing and you just want to make sure it is going to go through before you do.
Either way, here are a few common reasons for denials:
- You got hurt, but you were not at work at the time: If you injured your back lifting something heavy at your house and then waited to come in to work so that you could “injure” it on the job, you may get denied.
- Horseplay was involved, or you were being careless: Your employer may not want to pay if you clearly caused the injury because you were not being safe.
- You waited too long to file the claim: You want to move pretty quickly after the injury. If you put it off for a year and finally decide to file, it’s a problem.
- You cannot prove that you actually got hurt, or at least that it happened on the job: Your employer may contest that you are simply making up the injury.
- You never got medical treatment: Workers often try to tough it out or just heal at home. Remember, having medical records that show you got injured and then went in for treatment really helps your case. Even if you do not think it is an emergency, it may be worth that trip to the doctor just for those records.
If you do get denied, or if you already did, do not give up. Just make sure you know about all of the legal options you still have available to you.
Source: Find, “Workers’ Comp Denied? Here Are Your Next Steps,” accessed May 04, 2018
Michael Zimmerman
Michael was born in Houston, Texas. His education at Baylor and Texas State Universities earned him a Bachelor of Science degree in 1987. His major was in Biology with a Minor in Chemistry. He finished his legal education at Texas Southern University in 1990, earning a Juris Doctorate from Thurgood Marshall School of Law. He was admitted to the State Bar of Texas in 1990.
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