Receiving a workers’ compensation claim denial after suffering a workplace injury can feel overwhelming and seem permanent. Employers and their insurers often deny claims for unjustified reasons in the hopes that claimants will become frustrated and forego the benefits they are entitled to. However, the bottom line is this: claim denials are not final.
Securing the assistance of a workers’ comp lawyer can help you navigate confusing processes and avoid the common missteps that lead to claim denials. At Dyer Law, we work to minimize legal and insurance complications to make obtaining your rightful compensation as simple as possible. We have compiled a list of three prevalent reasons for workers’ compensation denials and what you can do to avoid them.
Your employer disputes whether your injury was work-related.
It is important that you compile as much evidence as possible to prove there is a causal relationship between your workplace accident and your injury. Compiling witnesses to your accident, promptly reporting your injury to your employer, seeking immediate medical treatment, and informing your physician that your injury was work-related are all crucial steps in this process.
You have a pre-existing medical condition.
Insurance companies often cite pre-existing conditions as reason to deny your workers’ compensation claim. Nebraska law, however, is clear that an employer is liable for a workplace injury when an employee sustains an aggravation, acceleration, or exacerbation of a pre-existing condition due to work-related trauma. When you seek medical treatment for your workplace injury, be transparent about your pre-existing condition and be sure to explain how your injury contributed to the aggravation of your pre-existing condition. Proper documentation of this exacerbation by a medical provider will help ensure your claim is accepted.
You did not file the proper paperwork on time.
Nebraska law requires employees to report their injury to their employer in writing “as soon as [is] practical.” Some employers claim you must report your injury within 24 hours to receive your entitled benefits, but this is not the law. Insurance companies also deny claims if an injury is first recorded in medical records several weeks or months after the initial accident. Reporting your accident to your employer and seeking medical treatment as soon as possible helps ensure your rights are protected.
If your claim is denied, an experienced workers’ compensation attorney can help you appeal the decision, protect your rights, and ensure you receive any compensation you may be owed for your injury.
If you would like to learn more about common missteps that could negatively impact your workers’ compensation claim, visit our Books page to request your free copy of our book, 7 Common Mistakes that Can Destroy Your Workers’ Compensation Case.
To find more information about Dyer Law’s approach to workers’ compensation and how we can advance your claim, visit our Workers’ Compensation page or call (402) 393-7529 for your free consultation.