Not all workers’ compensation claims get approved. In fact, employers often deny initial workers compensation claims for one reason or another. If your claim was recently denied, it’s important to find out why. Here are a few common reasons why employers deny these claims.
Waiting Too Long to Report the Injury
In New York, you’re required to report any work-related injuries to your employer within 30 days of the occurrence. If you try to tell your employer about your injury after that deadline, your workers’ compensation claim will likely get rejected.
Having Drugs or Alcohol in Your System
It is still possible to receive workers’ compensation benefits if the work accident was your fault. However, if you had drugs or alcohol in your system when the accident occurred, you can expect your claim to get denied.
Failing to Follow Your Doctor’s Advice
After you get injured at work, it’s important to seek medical attention promptly. A doctor will diagnose your injury and recommend the appropriate treatment. It’s important to follow your doctor’s medical advice, whether that involves going to physical therapy or taking medication. If you skip your doctor’s appointments or stop your treatment prematurely, your workers’ compensation claim may get denied.
Your Injury is from a Pre-existing Condition
If your employer believes that your injury is due to a pre-existing condition rather than a work accident, he or she may reject your workers’ compensation claim. However, just because you have a pre-existing condition, doesn’t mean that you don’t deserve benefits. For example, if you can prove that your pre-existing condition was aggravated because of a work accident, you’re still eligible for workers’ compensation.
Your Injury Didn’t Occur at Work
Some employers may try to deny workers’ compensation claims if they believe the injury didn’t occur in the workplace. However, your injury doesn’t necessarily have to happen in the workplace for you to be eligible for benefits. As long as you were performing your job when the accident happened, you are still entitled to compensation. For instance, if you were meeting clients in another building and got injured, you should still qualify for benefits.
If your initial workers’ compensation claim was denied, you don’t have to give up. If you believe that your employer is wrong, speak to a workers’ compensation attorney, like one from Polsky, Shouldice & Rosen, P.C., about your case.
