Do You Qualify for Social Security Disability?

Could Your Worker's Compensation Claim Be Denied?

7 July 2019

Deann Miles

Work injuries are painful and upsetting. If the injury is bad enough, it could result in you losing time from work and a multitude of medical expenses. Fortunately, worker's compensation insurance is available at most places of employment to ensure employees receive compensation for their losses. However, there may be times when a worker's compensation claim can be denied, including the following:

The Injury Happened Elsewhere

To receive worker's compensation coverage, your injury must occur at your job working within your job description. If you hurt yourself while you were out at lunch or on your commute to and from your job, you cannot receive benefits. If you were in your car running an errand for your employer, you may be able to make a case for coverage from worker's compensation insurance.

You Work as an Independent Contractor

Employees are eligible for worker's compensation. The same is not true if you are working on a freelance or independent contractual basis. An independent contractor is not an actual employee but works on their own on a contractual basis. The business owner will provide a contract that you sign to do work independently, such as per piece or as a retainer. Independent contractors do not get any benefits from an employer, which also includes worker's compensation insurance.

You Do Not File in a Timely Manner

If you are asking for worker's compensation coverage, you have to submit your documentation by a certain deadline. You have to notify your employer of the injury as soon as possible. From there, your human resources department will provide you with the necessary paperwork to file to receive your worker's compensation benefits. If you miss the deadline, you can lose the opportunity to file for compensation. Find out the deadline for your state at your employer's human resource department so you can provide the necessary forms as quickly as possible.

No One Saw the Accident

Sadly, some individuals have muddied the process of receiving worker's compensation insurance by filing fraudulent claims. If there was no one there who saw your accident happen, or if there is no video footage, the worker's compensation insurance could possibly deny your claim. This is not always the case, but it is best if you can prove in some way your accident and injury happened while you were at work. You may not receive an initial denial, but you may be asked to provide more information as the claims process moves forward.

If you have any further questions, you should contact a workers compensation attorney today.

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