For as long as I can remember, the legal field has always fascinated me. While my friends watched sitcoms and cartoons, I chose to watch courtroom dramas and real life trials unfold. There was never really any question as to what I wanted to be when I got older. The only profession for me was that of a trial lawyer. Unfortunately, a serious car accident several years ago changed all that. Now, my injuries prevent me from leaving my home most days. However, my love for the law has never went away. While I may not be able to realize my dreams of becoming a trail lawyer, I still wish to help people with their legal problems. That is why I decided to start this blog. It is my hope that the information contained in these pages will help other accident victims like me when filing their personal injury claims.
If you've been hurt while at work and have filed for workers' comp benefits, you are likely anxious for an approval. Your employer is supposed to provide this valuable insurance coverage to you at no charge, and if approved, you can expect to have your medical expenses and a portion of your wages paid to you while you get better from your injuries. Sometimes, however, workers' comp claims are denied. Read on to find out some common denial reasons and how to deal with them.
Denial due to an allegation that the injury did not happen at work or for lack of corroboration.
This often happens when your injury occurred in an area where you may not have been observed or in a work-related but uncommon location.
1. You should understand that you are covered for accidents that occur at off-site locations, as long as you were required to be at that location. For example, if you injured yourself while attending a required training at a training center away from your work location, you are covered. If you were injured in another city where you traveled for business, you are covered. Be sure that your accident report specifically mentions the connection between the off-site location of the injury and work requirements.
2. For an accident that was seemingly not witnessed by anyone else, you may need to revisit the scene of the accident and search for any possible witnesses that could corroborate your story, such as co-workers, visitors, customers or anyone else that would be willing to give a witness statement.
Denial due to the presence of alcohol or drugs in your system when the accident occurred.
Blood or urine testing for drugs or alcohol at the hospital or doctor's office when reporting a workplace injury has become routine, and you may not be covered if those substances are found. Unfortunately, the testing doesn't differentiate between legally prescribed medications and illegal ones, so you may have some explaining to do. Proof of a prescription should be enough to reinstate your claim, since workers' comp likely won't deny a claim for a legally prescribed medication that was taken as ordered.
Denial due to inconsistencies in your reporting.
You can inadvertently cast suspicions on your accident claim by small inconsistencies each time you recount the event. Most of the time your first account can be full of emotional outbursts, fear, and stress. As you tell your co-workers, your supervisor, the doctor attending to you and finally on the accident report statement, your story and the details of your accident can begin to vary quite a bit. You can alleviate this problem in the future by limiting what you to say about the accident to everyone, but if you've already been denied you may be able to amend your accident report to more accurately reflect what happened.
Being denied your workers' comp benefits, for any reason, should prompt a consultation with a workers' comp attorney as soon as possible to help you get the compensation you need and deserve. For more information, contact Franco Law Firm or a similar organization.
Share27 July 2016
