Three Common Reasons That A Workers' Compensation Claim Can Be Denied

18 November 2019
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Workers' compensation is designed to help you get the medical care you need if you are injured on the job, as well as helping to compensate you for the time you lose from work and any permanents injuries. When you file a workers' compensation claim, you likely do not expect the claim to be denied. However, there are a number of reasons that a workers' compensation insurance company may deny your claim. Here are three of the most common reasons that a workers' compensation claim can be denied. 

You Failed to File the Claim Before the Statute of Limitations Tolled

One of the most common reasons that a workers' compensation claim can be denied is that the statute of limitations has tolled. You only have a certain period of time to file a claim. The amount of time you have depends on whether your employer is a federal entity or what the rules are in the state where you are employed. If you fail to file a claim before the statute tolls, you give up all rights to bring legal action against your employer. There is no way to fight or dispute this, so it is important you file a claim before this happens. 

Your Injuries Did Not Occur At Work or Within the Scope of Your Employment

Another reason that a workers' compensation claim can be denied is that your injuries did not occur at work or within the scope of your employment. For example, if you tell your employer you got in a car accident on your own time, and then a day later, you tell your employer you injured your back at work, they may have reason to suspect the injury was caused by something that happened outside of work. They can deny your claim or schedule an appointment with a medical professional to determine whether your injuries are work-related. 

You Caused Your Own Injuries Through Your Own Recklessness

The final reason that a workers' compensation claim can be denied is that your injuries were caused by your own recklessness. Every state has their own laws as to what is considered reckless. In most states, something that was done accidentally, such as you getting into a fender-bender while driving on the job, is not considered reckless. However, if you were driving drunk or significantly speeding when the accident occurs, your actions are likely considered reckless and your claim can be denied. 

If you have been injured on the job, it is important that you contact a workers' compensation attorney as soon as possible. They can help ensure you have a compensable workers' compensation claim, help you file a claim before the statute of limitations tolls and help to appeal any denials that the insurance company may issue. Contact a workers' compensation attorney in your area to schedule a consultation.