If you became ill or were injured in a work related accident, there are five common reasons why your employer may deny your claim. You can always appeal your employer’s decision and before you do this or speak to an attorney, like an experienced New York workers’ comp attorney, you should read the following:
- Not Notifying Your Employer of Your Injury or Illness in a Timely Manner
If you are injured or become ill while at work, you should immediately seek medical attention and inform your employer. First of all, you need to have medical records available that prove your case and if you wait too long there is a good chance that your employer will not believe you.
- If Your Injury or Illness did not Actually Occur at Work
If you are injured or become ill while at work, you do not necessarily have to be on the employer’s property to file a Workers’ Comp claim. An example would be if you were running errands for your employer when the accident occurred. Also, you might be making a delivery and slip on a wet surface and twist your ankle. As long as the accident happened while you are on company time, it will be covered. Accidents that occur any time other than while doing something on behalf of your company, may be denied by your employer.
- What if your Injury or Illness is Pre-Existing?
If you have had a previous illness or injury that is consistent with an injury or illness that you claim occurred at work, your employer may deny any claim you make. Say you injured your back at work and submit a claim with Workers’ Comp. Before an employer’s insurance company accepts this claim, they will certainly look into your medical history. If it is discovered that you have a pre-existing back condition, the employer’s insurance company may deny your claim.
- See a Medical Professional Immediately if you Become Ill or Injured While on the Job
You will most likely be denied if you submit a Workers’ Comp claim without having sufficient evidence from a medical doctor regarding your injury or illness. With that in mind, make sure you seek medical attention immediately upon discovering an illness or injury that occurs at work. Without this proof, your employer has no basis on which to accept the claim you are making. He simply will not believe you.
- Did your Work Related Injury Occur While you were Intoxicated?
If you are involved in a work related accident while under the influence of alcohol or drugs, you will most likely be denied if you were to file a Workers’ Compensation claim. You may receive injuries or become ill at work while you were intoxicated however, your employer’s insurance company will treat your case as one that could have been prevented.
Thanks to our friends and contributors from Polsky, Shouldice & Rosen, P.C. for their insight into