Worker's compensation is an important system to have in place because it protects employees who are injured on the job. Injured employees will be able to have their medical needs addressed, receive fair compensation, and in many cases even receive retraining when they are no longer able to continue in their current field due to their injuries. While there are many reasons why a person may receive worker's compensation, there are also plenty of reasons why a person may find their worker's compensation claim being denied. Here are some examples of times when a person may be found to be ineligible for worker's comp.
Understand what worker's compensation is
In order to have a better understanding of times when a claim may be denied, it is important to first have knowledge of the worker's comp system.
Worker's compensation is there to protect someone who gets injured while they are on the clock at their job. With worker's comp, a person who is injured to the point of needing to miss work or not be able to do their job at all in the future won't be fired and put in a position of losing all their benefits and income due to that injury. Thanks to worker's comp, employees can't be left in a horrible situation because they happened to be injured while working.
Know when worker's comp can be denied
If the injury was caused by the person's own negligence, there is the chance of them being denied their claim. Here are just some great examples of things employees may do to decrease their odds of being granted worker's comp.
Not notifying the employer in time
There are reasons why there are time limits on the period of time an employee has to notify their employer of an injury. If an employee were to wait a long time to report an injury, then the case can be made that there was plenty of time for them to have been hurt somewhere else and they are now trying to say the injury occurred on the job just to get worker's comp. Also, not letting the employer know right away prevents the employer from performing an accident investigation, which can be important for your case.
Under the influence
If someone is under the influence of drugs or alcohol and they get hurt at work, then the case can be made that the accident is due to them being under the influence. In most cases the claim will be denied. One thing to understand is even if someone has been prescribed medication, if the label warns not to operate heavy machinery and warns of dizziness, then the person can still be found at fault if the accident had to do with heavy machinery or something that requires a clear head.
Not getting medical help
If a person is claiming to be hurt on the job, but they can't prove that they ever received any medical care for their injury, then their claim will be denied. The employer may claim that the person isn't really hurt, or they would have gone for medical help. Also, the case can be made that any injuries they have may have been preexisting. Another case that can be made is that the person cannot prove the true extent of their injuries since they never went in for medical care. There will also not be any medical records to show anything on any level regarding the injuries being claimed.
For help winning your worker's comp case, reach out to firms like Smith Jordan, P.A. Attorneys at Law.Share