As people return to work, workplace legal issues start to become more relevant. One legal issue some people find themselves in is trying to collect worker’s compensation. If you become injured at work, you might hope to collect worker’s compensation, but several elements can get in your way or make you ineligible. Read on for some reasons on why your claim for worker’s compensation might get denied.
1. Your Injury is Not Work-Related
In order to receive worker’s compensation, your injury had to have actually occurred at your workplace or while you were doing a job off-site, and it has to be due to negligence in safety. That includes providing a specific reason for why you were injured that has to do with safety measures not being met or some other negligence that caused the injury. If your injury is not connected to your work and/or if it was not due to negligence, you will not be eligible for worker’s compensation.
2. You Were Drunk
If you were injured while you were drunk or on drugs, you will likely be denied worker’s compensation. When you are drunk or under the influence of drugs, your judgement becomes poor and your movements are unsteady, making it easy to claim that your accident was your own fault. Your employer can request you get a drug or alcohol test which can derail your worker’s comp claim.
3. You Took Too Long to Report the Incident
If you get injured at work, the sooner you report the incident to your employer the better so that no one can claim the injury did not happen at work. The more time that passes, the more space there is for either your employer or the insurance company to dispute your claim. There is also likely a time limit for you to file your claim with the state, though every state is different so be sure to check with your state’s specific guidelines and policies about filing worker’s comp claims.
4. You Did Not See an Approved Doctor
This qualification has two parts to it–you must see a medical professional for your injury AND that medical professional needs to be approved by your employer and the insurance company. Once you do so, the doctor can give you medical support to your claim. If you don’t have medical support, your claim will likely be denied. If you feel that the approved doctor is not giving you adequate medical care in order to lessen the reported severity of your injuries, consult an experienced lawyer who will make sure you get both the medical care you need to feel better and to support your claim.
5. You Have a Pre-Existing Injury or Condition
If you have a pre-existing injury or medical condition that can cause you to get injured (or re-injured) easily, it may be more difficult to succeed in getting worker’s compensation. A good lawyer will be able to fight on your behalf and get you the compensation you deserve. It’s especially important to seek out a lawyer if you fall into this category.
Experienced attorneys like the ones at Goldberg and Chase Law can help you through the process of obtaining worker’s compensation, no matter how tricky your situation. Your employer or the insurance company may look for several ways to deny you your claim, so having an experienced lawyer on your side will benefit you greatly.