It can be extremely disheartening for any worker who has been hurt on the job to receive a workers’ compensation claim denial. Typically, the denial comes in the mail and can make an injured employee feel as if they have nowhere to turn. However, all workers who have been denied their workers’ compensation benefits can appeal the decision, potentially with the help of a workers’ compensation lawyer. Sometimes, claims adjusters might make an incorrect assumption or judgment. Below are common reasons why workers are denied these important benefits.
Time Restrictions
Maybe the worker waited longer than 14 days to tell their employer about the injury. Perhaps the worker told the employer but did not file a claim within 90 days. These factors can lead to a claim being denied. If there were extenuating situations, an attorney could help reverse the appeal, despite missed deadlines.
No Work-Related Injuries
The injury itself could be the whole issue. For instance, an insurance provider might say that the injury was pre-existing and not sustained on the job. On the other hand, the insurance provider could find that the injury happened in the workplace, but the worker was not on the clock. Therefore, the injury was not recognized as a work-related event even though it occurred on work property.
Drugs, Alcohol, or Horseplay was Involved
If a worker took part in horseplay or was under the influence of drugs or alcohol, the insurance carrier will not accept the claim. This can be tough to prove from both sides unless there is clear-cut footage or solid first-hand evidence to the contrary.
Worker Did Not Seek Immediate Help
It might seem unfair, but workers who do not receive prompt medical treatment may have their claims denied. To the insurer, the delay shows that the work injury is not serious enough to warrant benefits. A workers’ compensation lawyer can be extremely helpful in these circumstances.
The Injury is Mental, Not Physical
What happens if the injury cannot be seen or treated in traditional ways? In that case, it could be denied under grounds that it is not covered by workers’ compensation insurance.
Zero Use of Safety Nets
Every employer is required to provide safe equipment and protocols. Workers who were hurt because they did not wear the proper protection or follow safety guidelines may not receive workers’ compensation benefits because they were negligent.
Cherry Hill Workers’ Compensation Lawyers at Pietras Saracino Smith & Meeks, LLP Help Injured Employees with Denied Claims
Reading an unfavorable workers’ compensation benefits decision can make any hurt employee feel despondent. If your benefits were denied, contact a Cherry Hill workers’ compensation lawyer at Pietras Saracino Smith & Meeks, LLP today. We will review your case and obtain the benefits you deserve for your injuries. For a free consultation, call us at 856-761-3773 or contact us online. Located in Cherry Hill, New Jersey, we represent employees throughout South Jersey, including the City of Camden.
