My Employer and the Insurance Company Have Denied My Claim for WC; What Should I Do?
If your employer or their insurance company unfairly denies your claim for workers’ compensation benefits, you should contact a workers’ compensation lawyer about taking your case to Workers’ Compensation Court to get a decision from a judge.
Filing a workers’ compensation claim to receive payment for treatment of a work injury and, if applicable, disability benefits for the time when you are unable to work because of your injury is a legally protected activity. This means that your employer cannot fire you because you filed a workers’ comp claim or retaliate against you by taking any kind of adverse action, such as denying you a promotion for which you are eligible or giving you an unfairly negative performance review. It does not mean, however, that your employer’s workers’ compensation insurance is automatically obligated to pay every claim that every employee files. Just as your own health insurance company can decline to pay for certain treatments (or pay less than you were hoping they would pay), workers’ comp insurance can decide that certain treatments are not its responsibility. You have the right to go to court to challenge the denial of a workers’ compensation claim. An Omaha workers’ compensation lawyer can help you prepare to take your claim to court after an unfair decision to deny your workers’ compensation claim.
Why Do Employers Deny Workers’ Compensation Claims?
These are some common reasons that employers and their insurance companies deny workers’ compensation claims:
- The employee did not notify the employer of the injury in a timely manner, leaving room for debate about whether the injury occurred at work.
- The employer believes that the employee’s negligence contributed to the accident or injury, for example, if the employer provided safety helmets but the employee removed his while working in an area where helmets were required.
- The employee was an independent contractor or employed by a staffing firm instead of the owner of the work site, leaving room for disagreement about who is responsible for paying for the employee’s treatment.
- The employer argues that the employee’s current need for treatment is due to a pre-existing injury and not a recent work accident.
Appealing a Workers’ Compensation Benefits Decision
If workers’ comp insurance denies your claim for benefits, you have the right to appeal the decision and go to court about your claim. If the Workers’ Compensation Court sides with your employer or its workers’ compensation insurance company about the denial of your claim, you still have the right to appeal this decision. The sooner you contact a workers’ compensation lawyer, the more thoroughly your lawyer can investigate your situation to prepare the most convincing arguments in favor of paying your claim.
Contact Andres Law Offices, PC LLO, About Appealing a Denied Workers’ Compensation Claim
An Omaha workers’ compensation lawyer can help you make your case that you deserve workers’ compensation benefits, even if the insurance company denied your claim the first time around. Contact Andres Law Offices, PC LLO in Omaha, Nebraska, about your case.