If you are injured while working in Hyannis, whether by an occupational disease, cumulative trauma or work-related injury, you most likely have a workers compensation claim. However, your claim may be denied for a number of reasons. If it was already denied, you most likely will know why because you will receive a letter stating the reasons why it was denied. If that’s the case, you need to see a Hyannis workers compensation claim lawyer to help you with your case. If you are planning to file for a claim, we have stated a few reasons why your claim might be denied.
Why Your Workers Compensation Claim Will be Denied
Not Filing it on Time
This is one of the most common reasons why workers compensation claims are denied. Massachusetts law requires that you file your claim immediately or report your accident immediately- mostly within a matter of days. Your employer must also inform the workers compensation insurance carrier just as fast.
Employer will Dispute Your Claim
Your employer might dispute that your injury wasn’t as a result of the accident at work or that your accident did not happen at work. If this is what your employer claims, you need to gather enough evidence to prove your claim. Statements from witnesses who saw what happened or a medical report associating your accident with your workplace would be a good place to start.
Employer or Insurance Company are Acting in Bad Faith
Sometimes insurance companies or employers might deny your claim for flimsy reasons simply because they do not want to increase their insurance expenses and liability.
You Filed your Claim after you Were Fired
If you were injured but delayed to file your claim until the day you were fired, your employer will claim that you are filing a claim for revenge. Insurance companies don’t like employees who file claims after getting fired. This is because they will be tasked with finding out if you are filing a claim to spite your employer or if your injury is genuine. In most cases, they will deny your claim based on this.
These are just some of the most common reasons why your claim will be denied. The good news is that you can appeal your claim.
Appealing Your Workers Compensation Denial
In case things do not go as planned and your claim is denied, you can still appeal your claim. It’s important that you check your denial letter for the appeal deadline.
First, you need to contact your employer to discuss why your claim was denied. Your claim might have been denied because the paperwork was confused or it just wasn’t filed properly. If this is the case, clearing up the matter should be simple and you will be able to get your compensation. But unless it was truly a huge mistake on your employer or the insurance carrier’s part, this route will likely not bear any fruits.
The second step would be to contact a Hyannis workers compensation lawyer. It’s usually not a good idea to appeal your case without an expert attorney because chances are high you will mess up the case and destroy any chance you had of getting compensated.
At the appeal hearing, you will need to present factual and medical evidence of your claim. The appeal has to be filed within the specified time limits and you need to have plenty of evidence to back up your claim.
How to Ensure your Claim is Paid
Fill out Accident Reports ASAP and Accurately
If you feel too ill or too medicated to fill out the report, you can always fill it out later but make sure you don’t wait too long.
Clearly Explain How you got Hurt
Don’t give out conflicting statements or fail to elaborate what happened. The simpler you make your story, the better the insurer, doctor and employer will understand what happened.
Get Medical Help
Make an appointment to see your doctor as soon as possible even if you think your injuries were very minor. Your employer and insurer will assume that your injuries were not that serious if you fail or delay to get medical help.
If your compensation was denied and you are not sure what the reasons were, you can talk to one of Kevin P Landry workers compensation lawyers by calling 508-775-4225 or by visiting our Hyannis offices today for a free initial consultation.