Once you’ve filed your workers’ compensation claim you can expect it to resolve very quickly. This is because most claims are straight forward and the insurance company accepts them immediately especially if the employer backs them up. If, however, your claim is complicated or doesn’t appear to be a legitimate one, the claim’s process might take a little longer. If this is the case, you should consider hiring a Fall River workers’ compensation lawyer to evaluate your case.
Who Can Approve or Deny Your Workers’ Compensation Claim?
Most employers are required to have workers’ compensation insurance for their employees. They typically buy a policy from a reputable insurer or they can get approval from the state to self-insure. For an employer to be self-insured, they have to show the business is financially stable and has significant assets. Once you’ve filed your claim, it can be approved or denied following an investigation into it.
Why Was My Workers Compensation Claim Denied?
How Long Does it Take To Investigate a Workers’ Compensation Claim?
If you want to receive workers’ compensation benefits, reporting your injury to your employer should be a top priority. Once your claim has been initiated, the insurance company will start its investigation. A claims investigator will speak to you and your employer, review your medical records and other documents they might need.
We recommend you contact a workers’ compensation lawyer in Fall River if you have any questions about the investigation. In Massachusetts, the insurance company has to determine whether you are eligible for workers’ compensation within 30 days.
If you don’t hear from the claims adjuster within 30 days, you can contact them directly or talk to a workers’ compensation lawyer.
What if Your Claim is Denied?
The claims adjuster should give you a legitimate reason as to why your claim was denied. Some common reasons why a claim is denied include:
Your Injury Might Not Have Been Work-Related
Your employer might claim that your injury occurred outside of work or that you weren’t working when the injury occurred. This simply means that you will need to provide more evidence that your injury was work-related.
You Missed the Deadline
You waited too long to report your injury or you missed the state of Massachusetts deadline for filing a workers’ compensation claim. Your claim has to be filed on time.
Your Injuries Aren’t Severe Enough
You Filed a Claim After Leaving the Job
Whether you file a workers’ compensation claim after leaving a job, it will be denied regardless of the circumstances under which you left the job. However, if the injury occurred while you were still employed and you reported it, your claim might still be considered. If, on the other hand, you reported the injury and you were fired, you can take legal action against your employer.
If you file a claim for workers’ compensation after you left your job, you will need to prove that the injury occurred while you were still employed. You can request CCTV footage of where the accident happened, a statement from an employee who witnessed the accident, or medical records showing that you received treatment for your injuries. We, however, always emphasize that you must report all work-related injuries as soon as they occur.
How Long Will It Take for You To Receive Your Settlement Money?
You don’t have to accept the first check that the insurance company sends you. You should first consult your Fall River workers’ compensation lawyer. Once you’ve agreed on the compensation amount, you will start to receive your benefits check within three to four weeks.
According to state law, an insurance company can compensate you without accepting liability or concluding the case. This is what is known as “Pay-without-prejudice” and is usually the first 180 days after your injury. During this time the insurance company can decrease or halt payments but they must issue you with a 7 day written notice prior to doing so. They should also have a legit reason for halting payments.
Get Your Case Evaluated by a Fall River Workers Compensation Lawyer
Our legal team at Kevin P Landry Law Offices has a team of dedicated workers’ compensation lawyers who work 24/7 to obtain compensation for our clients. Contact our Fall River offices today at 508-676-0001 to schedule your free consultation.
