If your employer or insurance carrier rejects or denies your workers’ compensation claim you do have options. Some claim denials are certainly valid. However, in other situations the denial of the claim is incorrect and you are actually entitled to receive work comp benefits. Our lawyers regularly review the rejected cases of injured workers. In many of these cases we are able to obtain weekly benefits and medical care for our clients. Here are some of the more common reasons that workers’ compensation cases are denied:
1. Aggravation of a pre-existing condition.
2. Disagreements over whether the injury actually occurred at work.
3. Was the injured worker an employee or an independent contractor?
4. Did the injury arise out of employment?
5. Did the injury arise in the course of employment?
6. Did the injured worker provide notice within 90 days of the injury?
7. Was the injury caused by intoxication?
We have a new section on our website discussing the background to these defenses and when the injured worker is entitled to overcome the defenses. You can see the new section on rejected and denied claims here.