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Workers Compensation Claim Denial: How to Avoid It

April 5, 2024

When an employee is injured on the job, workers compensation benefits are supposed to provide financial assistance to cover medical expenses and lost wages. However, there are instances where a workers compensation claim may be denied, leaving the injured worker feeling stranded and confused. Explore the reasons why a workers compensation claim may be denied and provide valuable tips on how to avoid having your own claim denied. Additionally, we will discuss how an attorney can assist you if your workers compensation claim is initially denied so you have a better understanding of your rights and how to get the funds you deserve.


Lack of Medical Evidence:


Lack of sufficient medical evidence to support the injury claimed as a work-related injury is a one of the main causes of a workers compensation claim getting denied. It is crucial to seek medical treatment immediately after an injury occurs and to follow up with all recommended treatment plans. Failure to provide detailed medical records and documentation of the injury can lead to a denial of your claim. To avoid this, always keep thorough records of all medical appointments, treatments, and diagnoses related to your workplace injury.


Failure to Report the Injury in a Timely Manner:


If you get injured on the job, time is not on your side. You have to act quickly and file your claim. Another reason for a workers compensation claim denial is the failure to report the injury to your employer within the specified timeframe. Each state has its own deadlines for reporting workplace injuries, so it is important to notify your employer as soon as possible after the incident occurs. Failing to report the injury promptly may give the insurance company reason to doubt the validity of your claim.


Pre-existing Conditions:


If the insurance company can prove that your workplace injury is related to a pre-existing condition rather than a direct result of the work environment, your workers compensation claim may be denied. To prevent this from happening, be honest about your medical history when seeking treatment for a work-related injury. Providing accurate information to your healthcare providers can help establish a clear link between the injury and your job duties.


Disputes Over the Cause of the Injury:


In some cases, the insurance company may dispute the cause of the injury and argue that it did not occur in the workplace. This can lead to a denial of your workers compensation claim if there is insufficient evidence to support your side of the story. To avoid this, gather witness statements, photographs, and any other evidence that can corroborate your account of how the injury occurred.


How an Attorney Can Assist You:


If your workers compensation claim is denied, it may be in your best interest to seek legal representation from an experienced attorney. An attorney can gather the necessary evidence to support your claim, make sure all forms are filled out correctly and sent on time and can negotiate with the insurance company on your behalf. Additionally, an attorney can ensure that your rights are protected throughout the entire process and help you secure the benefits you are entitled to.


By following the tips outlined in this blog post and seeking legal assistance if your claim is denied, you can increase your chances of a successful outcome. Remember to report workplace injuries promptly, provide thorough medical documentation, and be honest about your medical history to support your workers compensation claim. With the right approach and the help of an experienced attorney, you can navigate the complex workers compensation system with confidence. Don't hesitate to call Gilbert, Blaszcyk & Milburn, LLP today.


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