Why was My Workers' Comp Claim Denied?
You have filed a claim for workers' compensation with the appropriate people but you find out that the claim was denied. You aren't sure why this happened and you are more than a little confused by the denial. Why was your claim denied? Let's take a look at the most common reasons a workers' comp claim is denied.
1. Missing documentation
Perhaps you didn't notify your employer of your injury within 30 days so you could progress further in your case. Because of that missed deadline, your claim is denied. This is where a great lawyer comes in: they will make sure all documentation is given to the officials by the appropriate deadlines. Perhaps you didn't turn in the Form 18 that NC requires for your claim by the deadline you were given. Because of this, the Industrial Commission has no choice but deny your claim before it gets very far.
2. Lack of evidence
If you do not provide proper medical evidence, the officials will deny the claim. They will want to see things like medical records or hear testimony from any witnesses to the injury. If they do not have this evidence, you won't be able to prove to them that the injury happened because of employer negligence. This is when they will deny the claim so make sure you give them as much evidence as you possibly can.
Make sure you compile the evidence as quickly as you can while it is all still fresh, especially when it comes to witness testimony. Have the witness write it down whenever possible so you can refresh them of the background of the injury.
3. Disputes with employer or insurance
Sometimes this process can lead to disputes between the entities involved. The dispute might be between you and the employer or you and the insurance company. It could even exist between the employer and the insurance company. If the dispute lasts long enough, the workers' comp officials may deny the claim. Perhaps the dispute is bad enough that there is no end in sight, though the dispute hasn't lasted long at all.
Because of this as well, the claim for workers' comp will be denied by officials. Your lawyer may jump into the dispute if you are not involved in it to see about getting a speedy resolution to it that benefits everyone involved. Sometimes compromises are made but everyone knows it is for the best of the claim placed against them.
4. Injury not serious enough
Though your injury may cause you to miss a few days of work, sometimes the workers' comp officials feel it is not bad enough to warrant the compensation. This is one of those times they will deny the claim for the compensation you feel you deserve.
It is always okay to ask them why they made a judgment in this favor. You may lose out on a few days of work but they may feel like you won't miss much more than that. This is why they will deny the claim in the first place: you won't lose as much work as you might think you will.
Greenville, NC Workers’ Compensation Lawyer
I’m Brian Ricci, a workers’ compensation lawyer in Greenville, NC. If you or a loved one has sustained an injury at work, please call me at please call me at (252) 752-7785 or 800-387-6406 for free, friendly advice.
I am a longtime member of the Million Dollar Advocates Forum.
Founder of the leading personal injury website: http://www.riccilawnc.com/personal-injury/