Filing a claim for workers' compensation is a challenging process, and unfortunately, it is possible for your claim to be denied. While knowing that you are eligible for benefits is one thing, proving it is a task that needs the guidance and expertise of a workers' compensation lawyer. Here are the most common reasons why claims get denied and how a lawyer can help you resolve such a crisis:
Did the Injury Happen at Work?
Workers' compensation aims to ensure that employees get redress for injuries that happen while they're working. In addition to compensating victims, the employer is held accountable for causing the injuries suffered because of their negligence. However, many employers do not have the resources to settle personal injury claims, so they ensure that they have insurance.
This coverage caters to injuries that happen while at work. As such, if it occurred while the employee was engaged in tasks unrelated to work, you may not get compensated. Still, a lawyer can help you in situations where you were injured while working, even though the injury didn't happen at the workplace. They can also help you establish a case if the injury occurred at a company retreat or similar event.
Did You Send an Injury Notification to the Employer on Time?
The manner in which you present information, and its timing, are crucial when it comes to workers' compensation cases. Specifically, you need to inform your employer about the injury as soon as it happens. If you make a report after the recommended time limit, you risk losing your chance of getting compensated. Your employer could argue that you delayed the report because something about the accident made you liable or you were hiding something. On the other hand, when you inform your employer on time, they can investigate the accident when the memory is fresh in all witness's minds.
Were You Sober at the Time of the Accident?
All employers require workers to be sober when operating machinery or carrying out any duties for the business. Accordingly, if you get injured operating machinery while intoxicated, the employer will not be fully liable for your injuries. Even so, an attorney can review your case to explore the possibility of getting some compensation.
These are some reasons why compensation claims can get denied. Thus, it is best to speak to a lawyer and have them assess your claim. If they find that you deserve compensation, they can help you throughout the application and, if necessary, the appeal so as to enable you to receive it.
To find out more, contact a company like Law Office of Hugh Best.
Share10 November 2022
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