7 COMMON REASONS FOR DENIAL OF WORKERS’ COMPENSATION CLAIMS
Filing a workers' compensation claim in the commonwealth of Virginia is a complex process. Employers and insurers both constantly look for reasons for denial of Workers’ Compensation claims. Insurance companies are notoriously specialized in lowering the claim value. The denial of your work comp claim can have a detrimental effect on your life, and we understand the feeling of disappointment that it causes. Thus, it's vital to have an experienced and skilled attorney on your case to help you protect your rights. Kalfus & Nachman workers' compensation attorneys will provide aggressive legal representation to recover the maximum compensation you deserve.
In this article we discuss 7 common reasons for denial of Workers’ Compensation claims:
- Failed To Report Accident On-Time: Even with Virginia's 30 Day Policy, we still encourage disabled employees to report an accident as soon as possible. Insurance companies will straight away deny your claim saying it wasn't reported on time.
- Failed Drug Test: An employer may challenge your workers' compensation claim if the post-accident drug test shows that you were under the influence of alcohol or drugs when the injury happened. The insurance company will probably deny your claim saying that the drugs in your system were the direct cause of your work injury.
- Injury Was Not Related To Work: Workers' compensation covers accident injuries resulting from and during employment. You should immediately report your accident to the employer in case you are injured while performing your job duties.
- Failure To Seek Immediate Medical Attention: If you don’t receive immediate medical treatment, or wait for days or weeks to see a doctor, the insurance company can argue that you were not injured at work.
- Nature Of Your Injuries: Your employer might challenge the nature or severity of your injuries, or may even claim you do not need medical treatment. This usually happens if your injury symptoms aren't apparent or hard to verify by tests or examinations. Remember that your boss is not a health care provider and is therefore not in a role to provide a recommendation or prescribe medication. After suffering an injury, only a doctor can tell you whether you need medical care. Whether your injury symptoms are apparent or not you should immediately seek medical attention after an accident at work.
- You Have Pre-Existing Condition: This is insurance companies favourite reason to deny work injury claim. Insurers. They will take a hard look at your entire medical & claim history with just one thing in mind, to prove what you’ve been experiencing is because of your pre-existing condition. And on this basis, they'll challenge the validity of your claim.
- You Missed The Deadline To File A Claim: You must file your workers’ comp claim within the statutes of limitations, else your employer and its insurance company will have another reason to deny your claim.
If you or a loved one was injured in a workplace accident or facing workers’ compensation denial, speak to Virginia Top Rated work comp attorneys at Kalfus & Nachman for the expert legal representation of your case.
Call us for a free consultation today: 855-880-8163