WAS YOUR WORKERS’ COMP CLAIM DENIED?
Have you received notice that your claim for workers’ compensation benefits was denied? Regardless of whether your claim was denied by the Workers’ Compensation Board or by your employer’s insurance company, you should not lose hope. You must remember that you have options and that you are not alone. In fact, many valid claims are denied or undervalued every single day. Workers’ compensation insurance providers are rarely looking out for the best interests of injured workers, and are usually only concerned with increasing their profits by lowering high payouts.
Reasons for Claim Denials
Here at Greenberg & Stein, P.C., our New York City personal injury attorneys have handled enough workers’ compensation cases to gain a comprehensive understanding of how the legal system works. Over the years, we have seen countless valid workers’ comp claims denied for a variety of reasons. Below, we have listed some of the most common excuses for denial of claims. We invite you to call our firm today to speak with a legal professional who can help you appeal your denied claim.
- Independent Contractors
One of the most common reasons why workers’ comp claims are denied is because employers will argue that you are working as an independent contractor and are not a direct employee of the company. More and more companies are using this argument to avoid liability.
- Pre-Existing Conditions
If your claim has been denied by the insurance company, it may be because they believe that your injury existed prior to your work accident. If this is true, you cannot claim workers’ compensation. But, if a previous injury has been exacerbated by your work conditions or a workplace accident, your claim should not be denied. Our firm can help you identify and prove the exact cause of your injury.
- Non-Serious Injuries
Sometimes, employers or workers’ comp insurers will argue that your injuries are not really as severe as you claim they are. They might argue that you do not actually need medical treatment for your injury, and that you don’t need time off work to recover.
- On Break When Injury Occurred
If your employer claims that you were taking lunch or on a break when your injury occurred, your claim may be denied because you were technically “off the clock” at the time of your accident. Employers may also try to argue this point if you were driving a company truck somewhere when you were injured.
- Lack of Written Notification
Employers will sometimes claim that you did not notify the company in writing of your injury within the 30 days that the law provides. Employers may also deny your claim because your notification was received after the 30-day deadline. This can be contested, and we will work to gather the necessary evidence to prove that you did contact your employer within the allotted amount of time.
- Side Trip
As mentioned above, some employers may try to prove that you were conducting personal business on company time at the time you were injured. These cases usually involve injuries that occurred outside the workplace either while you were driving a company-owned vehicle or while you were on a company errand.
These denials prove that some employers care about their own costs and liability more than the health and wellbeing of injured employees. The more workers’ comp claims filed, the higher the costs for employers. When you file for workers’ compensation in New York City, you should anticipate that your employer will use an investigative agency to monitor your daily activities. If you have received a notice that your claim has been denied, you should contact our team at Greenberg & Stein, P.C. immediately.
Fighting a Denial of Workers’ Comp Benefits
When we appeal your denied claim before a New York workers’ comp law judge, we will present evidence and testify as to why you should receive workers’ compensation benefits. It is especially helpful to have an experienced legal professional by your side during each step of the appeals process, as this will increase your chances at successfully recovering benefits.