The Top Reasons an Employer May Reject Your Workers' Compensation Claim - By: Jim Brown
Workers' compensation cases can be very complicated. There is a lot that goes into it. The claim has to include your injury related treatment, compensation for wages lost from time missed at work, and all the other consequences of the injury that you will be dealing with. Claims can be filed for injury if they occur during work or that are caused by your employment. This includes on-the-job injuries, injuries that occur at an offsite location (if you are there for work), and illnesses developed because of exposure to something at work. There are a number of different things covered under workers' compensation law, and it may not be clear to you how a claim can be denied. Unfortunately it does happen, and these are some reasons why:
You must provide your employer notice that you were injured by a certain time. It can be a tricky situation, many people believe that simply telling their boss is enough. This is not true, you need to provide written notice.
2) Must be an employer required activity
If the injury occurs during a voluntary weekend service project or a company softball game your employer could argue that you weren't required to be there. If this is the case then it wasn't a required job duty that caused your injury. It was not within "the scope of employment".
3) Violating company safety or drug policy
Your claim will likely be denied or reduced if you were doing something that clearly violated a company policy. It's for this reason that a lot of employers require drug testing for anyone filing a workers' compensation claim. Violating company policy isn't black and white, for example if you were instructed by a supervisor to do something that violated company policy and you were injured it may be a different story.
4) Injury occurred somewhere other than work
Often times the employer may argue that an injury didn't happen at work that that work was not the main reason for the injury. Here's an example: a man falls off his garage while working on the roof over the weekend. He goes to work on Monday and promptly falls off a ladder and injures his back. The employer would argue that the injury was the result not of falling from the ladder, but rather the roof.
Filing a claim is difficult. Fighting a claim that your employer is trying to deny is even harder. This is why it's important to have an experienced workers' compensation attorney working for you. What's the best method to select an attorney? Shopping based on price is ineffective since workers' compensation attorney fees are capped. Browse around and see whether or not they offer free consultations or information prior to making a decision. If you've been hurt on the job then choosing the right attorney is critical. Don't get hurt again because you made the wrong choice.
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Author Resource :
James Brown is a Missouri injury lawyer based in St. Louis. Before you are hurt in a car accident you need to know the most common mistakes car accident victims make when talking to the insurance adjuster that ruin their accident claims. You can request a free copy of his Missouri accident guide, "I Survived! The Crash Victims Guide to Surviving the Aftermath" at his website http://www.themissouriinjurylawyer.com .