Unfortunately, even when a person has a valid workers’ compensation claim, it might not be approved. Keep reading to learn five of the reasons that your claim could be denied, and find out when it is time to call an experienced attorney to help you. Then call The Law Offices of Larry H. Parker at 562-222-0146 if you require a free legal consultation.
- The Employer Is Not Required to Cover the Worker Under Their Workers’ Compensation Insurance
- A Deadline Was Missed
- There is Not Enough Evidence That the Injury Was Related to Work
- The Injury is Not Covered by Workers’ Compensation
- Your Accident Report and Application Do Not Match Up
Nearly all employers must carry workers’ compensation insurance. That said, “nearly all” is not the same as “all. Employers are generally not required to carry this insurance if they have fewer than five employees or if they hire only independent contractors. If an employer is not required to carry this insurance then your claim will be denied.
Note that if they are required to cover you and have chosen not to, then they will be faced with huge fines and you can still recover damages.
Every state has its own requirements for when notices and various types of paperwork must be filed. If a person does not meet these filing requirements, then their claim can easily be denied. This is why it’s generally best to file as soon as possible.
Only injuries that are related to a person’s job are covered by worker’s compensation – and only if they happened “on the job.” The main issue is in determining what “on the job” means in some situations. Generally speaking, it means that it happened while the person was employed, at the place they generally did their duties, and while they were fulfilling their duties or doing something connected with doing so.
There must also be a link between the required work and the injury. For example, if a person has a heart attack while sitting at their desk, then it is likely this is not related to the work. However, if a person hurts their back while lifting heavy materials as a roofer, then this is likely related to their work.
While the vast majority of injuries are covered as long as they occur while a person is working on the job, there are exceptions. For example, some mental illness conditions and heart conditions would not be covered, or stress-related injuries might not be covered. However, if pre-existing conditions are aggravated by a work accident, they are likely covered.
For example, in some states, heart conditions and mental illness aren’t covered. In other states, stress-related injuries aren’t covered.
It is absolutely essential to ensure that you are providing information that is entirely factual and that it all matches up. If you submit an application that contradicts what your accident reports say, then the benefits will likely be denied.
If you are denied, contact The Law Offices of Larry H. Parker at 562-222-0146 for help from an experienced personal injury attorney.