Why Do Employers Deny Workers’ Compensation Claims?
Many workers’ compensation claim denials result from disputes over the employee’s health history before the work accident or because of procedural errors in filing the claim.
Federal and state laws guarantee workers the right to file workers’ compensation claims if they get injured in accidents at work or suffer illnesses that result directly from them performing their job duties. In the case of occupational diseases, the work must be directly linked to the diagnosis; for example, carpal tunnel syndrome is an occupational disease for typists and people in certain manufacturing jobs, and some types of cancer are occupational diseases in jobs where workers must be near carcinogens to do their jobs. Although it is illegal for your employer to fire you in response to your filing a workers’ compensation claim, your employer’s workers’ compensation insurance company reviews each claim individually and decides whether to pay it. In other words, your employer has the right to deny your claim if they are not satisfied that your medical complaint qualifies as a work injury or occupational disease. If your employer has unfairly denied your workers’ compensation claim, contact an Omaha workers’ compensation lawyer.
Reasons for Workers’ Compensation Claim Denials
These are some common reasons that employers deny workers’ compensation claims:
- The employee did not file the claim on time
- The worker is an independent contractor, not an employee
- The employee did not seek medical treatment promptly, thereby letting his or her injuries get worse and their treatment more expensive
- The injuries were totally or partially caused by a pre-existing medical condition and not by the work accident
- The employee’s negligence caused the accident, for example, if the employee was drunk at work or refused to wear employer-provided safety equipment
What to Do if Your Employer Denies Your Workers’ Compensation Claim
If your employer denies your workers’ compensation claim, you should hire a lawyer and appeal your employer’s decision. If your employer denies your claim again, then you have the right to take your case before the Nebraska Workers’ Compensation Court (NWCC). Having a lawyer present at your NWCC hearing is not a legal requirement; it is your choice whether to represent yourself or hire a lawyer, but your chances of success are better if a lawyer is present. If the NWCC rules against you, you must contact the Nebraska Court of Appeals within 30 days to pursue an appeal in court. Because the deadlines are so short and because mistakes in any of the paperwork will result in a decision against you, it is best to work with a workers’ compensation lawyer at every stage of the process.
Contact Andres Law Offices, PC LLO About Denial of Workers’ Compensation Claims
If you get injured at work, you should focus on your recovery and let a lawyer handle the administrative details. An Omaha workers’ compensation lawyer can help you prevent unnecessary delays and unfair denials of claims in workers’ compensation cases. Contact Andres Law Offices, PC LLO in Omaha, Nebraska about your case.