Why Worker Compensation Claims Get Rejected
If you get injured at work, you are entitled to some sort of financial compensation. It should be as straightforward as that. However, very few things work in practice as well as they do in theory. The same applies to worker compensation. Not only is the process not automatic, but you may very well be rejected at first.
However, that doesn’t mean that you should give up. You need to consult a good worker compensation attorney in Fresno and tell them about your situation. Your case will be reviewed and if there are grounds, you will be granted the money you are entitled to. However, be careful when applying, because these are the most common things that will get your claim denied.
The Employer Claims You Are Not an Employee
This happens more than you would assume. The reasoning is that the employer claims that you were not an employee when the accident happened, which automatically disqualifies you from receiving any kind of compensation. That is why it is important to document immediately when and how the accident happened and notify your superior and your doctor. This will give you proof of the timing.
Another way employers try to avoid their obligations is by claiming you are an independent contractor rather than an employee, meaning that you are responsible for your own wellbeing. However, if your employer tells you when to come to work and what to do, you are typically considered an employee.
It Is Claimed that You Weren’t Injured at Work
The main provision of worker compensation is that the injury occurred at work. However, if the employer or the insurance company claim that you weren’t at work when the injury happened, your claim will be rejected.
The best defense against this kind of attack is to have your injury well documented. If there are video surveillance cameras, make sure to ask for the tapes and get witness testimony if you can. Also, tell your employer or your superior when it happens, so you have additional proof.
You Weren’t Injured/Sick At All
Another thing which may end up costing you your worker compensation is inadequate or incomplete medical evidence. You need to provide this as proof that you were indeed injured and that you needed to miss work due to that injury.
In some cases, it is required that your request is processed by a Qualified Medical Examiner as well as your doctor. It is a tactic used by insurance companies when they want to deter or delay potential claimants from achieving their rights. Make sure that you let your doctor know that you will need the full report in order to get the worker compensation when you go visit them. Keep everything, including the receipts for medication and doctor services.
You Have Made a Clerical Error
There are some strict rules when it comes to bureaucracy and the legal system. So, if you break those rules, there are always some kind of repercussions. If you make a clerical mistake when applying for worker compensation, the insurance company will pounce on that and demand a dismissal.
For instance, you need to apply within one month of the incident, so if you break this rule, you may find yourself denied. Similarly, incomplete documentation can have your case delayed at best and thrown out at worst.
What you need to do in that case is to contact a skilled and experienced professional worker compensation attorney. Chances are that they have had these problems before with other clients, so they will know what to do and how to best help you.