Dealing With The Denial Of Workers' Comp

Most people just assume that if they are injured while at work, their employer's workers' comp insurance will cover them for their medical expenses and a portion of their usual wages. While in most cases this assumption is valid, sometimes your claim goes awry. Dealing with an injury, being unable to work and earn money and having medical bills pile up quickly can turn a bad situation into a nightmare. You may need to take swift action to get your claim reinstated, so read on to learn about a few denial scenarios and how to fight back.

The medical facility detected the presence of drugs or alcohol  

The doctor or hospital that you went to for help after your on-the-job injury very likely tested your blood or urine for the presence of drugs and alcohol and reported those findings to the workers' comp insurance company. Unfortunately, this testing often turns up the presence of prescribed drugs alongside of illegal substances. If you can show proof that your drug test returned results of a legally-prescribed medication, you may be able to get your workers' comp claim reinstated.

There were no witnesses to your accident 

Having no corroboration for the accident can cast doubt on your claim that the accident actually occurred at work. Return to the scene and try to locate any co-workers or others who may have been present when your accident occurred and get their contact information to provide to the insurance company. While you are visiting the scene, look for recording devises, such as a video camera, that could provide the corroboration evidence that you need. If no witnesses to the actual accident can be found, provide the insurance company with the contact information of people that you may have told about the accident soon after it happened, such as co-workers or family members.

Your claim contained inconsistencies 

Being injured at work can be traumatic, and traumatic injuries can cause your memory about the accident to come and go. Add to that the fact that you will likely tell many others about your accident, including the medical personnel, and you have the potential for making errors in details about the incident. You need to make sure that the facts stay consistent at all times, and if your accident report contains inconsistencies, you may have the opportunity to amend the claim and get your claim reinstated.

If your workers' comp claim has been denied for any reason, consult with a workers' comp attorney to ensure that you get the coverage that you need and deserve.

 

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