Once you have filed for workers compensation as a result of being injured in a work-related accident or illness, the wait for the results begin. You're undoubtedly hopeful that you will be approved so that you can get your medical bills and lost wages paid, but you may be worried about the outcome of the claim. There are a few reasons for your claim to be denied, so read below for more information about denials and what you can do if you are denied workers compensation.
Reasons You May Be Denied Workers Compensation
1. Drugs or Alcohol: Many states will test you immediately at the emergency room or doctor's office for the presence of drugs or alcohol if you are being seen for a work-related accident or illness. Prescription medications may turn up in your drug screen just as illegal drugs do, but if you have been denied on the basis of having a legally prescribed medication in your system, you should immediately consult a workers compensation attorney for assistance.
2. Witnesses: Sometimes your word is not enough and your claim is denied due to lack of collaboration from others. You must make every effort to locate witnesses:
- Check with all co-workers who could have seen the incident, even people that you don't know well or that don't regularly work in your area.
- Go back to the scene and look for possible witnesses, checking also for video cameras.
- Check with people that you told about the accident, injury or illness, even friends and family members.
3. Accident Report: Take care in completing your report to be as accurate as possible, and to give medical personnel the exact same set of facts. It's vital that the accident report and the medical records match up perfectly. If you feel that you have made an error in the report, you may be able to appeal the denial and correct the report.
4. Recorded Statement: The workers compensation company will often deny your claim based on the fact that you did not agree to give a recorded verbal statement about the accident. This is not a valid reason for the denial; you are not required to give a recorded statement. Make sure to retain a workers compensation lawyer to assist you at this point and never give a recorded statement without your attorney present.
Claims are often unjustly denied for the above reasons, and many others. If your claim has been denied, contact a workers compensation attorney like one from Kuzyk Law as soon as possible to help you with your appeal.