The Bollinger Law Firm, P.C.

Could your workers' compensation claim be denied?

If you are injured on the job, regardless of the reason, it goes without saying that you'll look into making a workers' compensation claim. With these benefits, you're able to receive money on a monthly basis until you're able to return to work.

Unfortunately, things don't always work out the way you expect. In other words, you could be denied for workers' compensation benefits. If this happens, you're left with two options:

  • Accept the decision and work through your injury on your own.
  • File an appeal in the hope of having the denial overturned in the near future.

Before you do anything, it's imperative to understand why your claim was denied. This will tell you a lot about the steps you should take and what to expect as you move forward.

Here are some of the most common reasons for a workers' compensation claim denial:

  • You did not report your injury in time. It doesn't matter if you live in North Carolina or another state, you need to understand your state's laws with regard to the amount of time you have to report an injury.
  • You did not file a claim in time. Just as you need to report the injury in a timely manner, the same holds true for filing a claim.
  • You neglected to receive medical treatment. If you want to receive workers' compensation benefits, it's important to receive medical treatment immediately following your injury.
  • Employer dispute. It's a shame to think that it could happen, but your employer may dispute your claim. For example, they could say that you did not suffer the injury on the job or that it happened as the result of fooling around.

There are other reasons why your claim could be denied, but these are among the most common.

If you find yourself in this unenviable position, if you truly believe that you should be receiving benefits, don't back down.

Read your denial letter in full, keep to yourself (don't talk to the insurance adjuster), and learn more about your legal rights. When you do this, you may find yourself in position to receive benefits in the near future.

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Charlotte, NC 28202-3095

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