Why Was My Workers' Comp Claim Denied?
Something a lot of us go through when filing for workers' comp benefits is that our case is denied by the insurance company. It can be confusing to get the denial, especially if we are going through the process without a lawyer.
Going through the claims process without a lawyer can be a costly mistake but one that does not have to occur. Let's take a look at why your case was denied so you can know how to correct any mistakes that occurred.
1. You did not file the claim within the statute of limitations.
The statute of limitations for workers' compensation claims in the state of North Carolina is two years from the date of the injury. When filing the claim, you need to do so within that time limit. You also need to report your injury to your employer in writing within 30 days of the accident.
If you do not take action within either of these limits, you will not be able to file a workers' comp claim. If you do still file the claim, it will be denied automatically. This is why you should hire a lawyer if you are unsure about what needs to be done during this process.
The lawyer will be able to help you compile all the evidence you need to prove that the injury was caused by employer negligence. You will need as much evidence of this sort as you can get from the scene of the accident. Have a written testimony of the accident as well before meeting with your lawyer.
2. You did not fill out the paperwork correctly.
Another common reason for the denial of your workers' comp claim is that you did not fill out some of the paperwork correctly. If you do not complete the paperwork correctly, the insurance company is quick to deny your claim. A lawyer will help you fill out the paperwork correctly and get it filed in plenty of time for your claim to be processed quickly.
The less time you spend waiting on processing, the quicker you'll get the money you deserve. Giving them a copy of the written testimony about the accident with the paperwork you file means you will get fewer questions from the insurance company about your accident. You won't have to wait as long for the process to be done if you don't have as many questions from the insurance company.
3. There is not enough evidence to support your case.
A lot of the times, the insurance company will not feel like there is enough evidence to support your claim that your employer was negligent. Because of this, they will be quick to deny your workers' comp claim. Your lawyer will be able to help you make sure there is enough evidence to support your assertion.
The insurance company may also try to make you say something that contradicts your original testimony about the accident. Do not speak to the insurance company without your lawyer present, as your lawyer will make sure this kind of situation does not happen. The evidence you gather to support your case will help the process go by smoothly and without incident.
Need a workers’ compensation attorney in Greenville? Contact us at the Ricci Law Firm, P.A. for experienced, proven legal help: (252) 285-4081.