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Learn Some of the Most Common Reasons a Workers’ Compensation Case Might Be Denied
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Learn Some of the Most Common Reasons a Workers’ Compensation Case Might Be Denied

Learn Some of the Most Common Reasons a Workers’ Compensation Case Might Be DeniedUnfortunately, even if a worker's compensation claim is valid, it may not be granted. Continue reading to understand five reasons why your claim can be dismissed, as well as when you should contact an experienced attorney for assistance. If you seek a free legal consultation, contact The Law Offices of Larry H. Parker at 800-333-0000.

The employer is not obligated to insure the employee under their workers' compensation policy

Workers' compensation insurance is required for almost all firms. However, "almost all" does not imply "all." Employers with fewer than five employees or who hire exclusively independent contractors are normally exempt from carrying this insurance. Your claim will be denied if your employer is not required to have this insurance.

Note that if they are compelled to cover you but choose not to, they will face significant fines, and you may still be able to recover damages.

There was a deadline that was not met

When notices and other sorts of paperwork must be filed, each state has its own set of rules. If a person fails to comply with these filing criteria, their claim is likely to be rejected. It's for this reason that it's usually better to file as soon as possible.

There is insufficient proof that the injury was caused by work

Worker's compensation only covers injuries that are related to a person's job - and only if they occur "on the job." The key problem is deciding what "on the job" implies in certain circumstances. In general, it indicates that it occurred when the individual was employed, at the location where they usually performed their tasks, and while they were performing those activities or doing anything related to them.

A link between the required task and the injury must also be established. If a person gets a heart attack while sitting at their desk, for example, it is unlikely that it is related to their job. However, if a roofer injures their back while lifting heavy materials, it is most likely due to their job.

Workers' Compensation does not cover the injury

There are few exceptions to the rule that most injuries are covered as long as they occur while a person is on the job. Some mental illness and heart disorders, for example, would be excluded from coverage, as would stress-related injuries. Pre-existing conditions, on the other hand, are likely to be covered if they are aggravated by a workplace accident.

Heart disease and mental ilness, for example, are not covered in some jurisdictions. Stress-related injuries aren't covered in some states.

Your accident report and application are not in agreement

It's critical to make sure that the information you're giving is completely accurate and that everything lines up. If you submit an application that contradicts your accident records, you will most likely be refused benefits. If your claim is refused, call The Law Offices of Larry H. Parker at 800-333-0000 for assistance from a personal injury lawyer.

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