An injury sustained at work is painful and frustrating. Some injuries result in the employee being unable to return to work while healing. Other employees are never able to go back to work. Worker's compensation is there to help employees meet their financial obligations. However, some claims can be denied. The following are some reasons why the claim is denied:
The Injury Did Not Occur at Work
To receive benefits, the incident and subsequent injury have to happen at your job performing tasks within your scope of employment. If you were hurt while on your lunch break or driving to or from work, you will not receive benefits. However, if you were driving somewhere for your employer or working at a different location, you may have a case.
You Are an Independent Contractor
For someone to receive worker's compensation benefits, one has to be an employee. Employers are not required to pay worker's benefits to independent contractors. To be considered an employee, you have to provide services as outlined by your employer. The employer provides you with a job description, the tasks you are responsible for, and the materials needed to do your job. Independent contractors are not employees of a business. They work for themselves on a per-project basis. The contractor chooses the job he or she wants to do and has to enter a contract with the client. The client pays the contractor for any services provided. The client is not held responsible for injuries sustained by an independent contractor, as he or she has no control of safety requirements and cannot enforce rules on a contractor.
You Missed Major Deadlines
If you are planning to file for worker's compensation benefits, you have to make the written request within a specific timeframe. The timeframe varies by state. You must also notify your employer of the injury as soon as it happens. If you miss the deadline, you can miss your opportunity to file for worker's comp benefits. To file your case, you need to obtain the necessary documents from your human resources department as soon as possible.
There Were No Witnesses to Your Injury
Sadly, there is a lot of fraudulence in worker's compensation. Some employees may attempt to file claims dishonestly. This is why witnesses are so crucial. If no one saw your accident or there is no video footage, you can be at a disadvantage. You may or may not get a denial and could have to work extra hard to prove your injury happened while you were at work.
If you are having trouble with your worker's compensation case, be sure to contact a worker's compensation attorney to help you with your claim.Share