Denied Workers' Compensation: What You Need To Know
You have every expectation that your workers' comp claim will go through without a problem, but a good understanding of the common reasons that claims are denied could prove extremely helpful. Whether you are preparing to file, in the process of filing or have been issued a denial, read on to learn about some reasons for denial that could be easily remedied.
1. Most states allow workers who arrive at a medical facility with a workers' comp injury to be immediately tested for the presence of drugs and alcohol, and this testing includes legally-prescribed drugs as well as illegal drugs. If you were denied your workers' comp claim due to the finding of drugs in your system at the doctor's office or medical facility, you may have a case for an appeal if you can show that the drug was legally prescribed.
2. Not all accidents occur in front of an audience, but having at least one coworker to witness your injury could help get your claim approved. If you have been denied because there were no witnesses, go back to the scene of the accident and search for people who may have been present, even if they are unfamiliar to you. For circumstances when there truly were no witnesses, you may be able to call upon a statement from a co-worker or family member that you told immediately about the accident to back your claim.
3. It's only natural to change details with each telling and re-telling of the accident story, but don't allow small inconsistencies to trip you up when it comes to your claim. Be very careful and consistent when filling out any reports, reporting the accident to your supervisor or when being treated at a medical facility. If your claim is denied for inconsistent facts, you may be able to appeal the decision and correct the report to more accurately reflect the events surrounding your accident.
4. In some instances, a representative from your employer's workers' comp company will ask you to give a recorded statement about the accident. It was smart of you to refuse, since giving recorded statements without an attorney's advice could hurt your claim, but now your claim is being denied for lack of cooperation on your part. You may need the support of a workers' comp attorney to get an appeal hearing and stand by you should you need to give that recorded statement.
If you feel that your claim has been unfairly denied, contact a workers comp insurance attorney as soon as possible for assistance in requesting an appeal. You are entitled to be compensated for your on-the-job injury, so seek help immediately.