Reasons Why Your Workers's Compensation Case May Be Rejected

A workers' compensation case can be very complicated

. After all, a lot goes into it. The claim is meant to include your injury related treatment, compensation for time missed from work, and all the other consequences of the injury that you will be dealing with, possibly for the rest of your life. Claims can be filed for injuries that occur during work or that are caused only by your employment. This includes injuries that happen on-the-job or injuries that occur at an offsite location (if you are there for work). This can also include any illnesses you develop because of exposure to something at your work, or even problems caused by continued stress. There are a lot of things covered under workers' compensation law, and you may be wondering how a claim could possibly be denied. Unfortunately it happens, and these are some of the most common reasons why:

1) Notice

You must provide your employer notice that you were injured in a timely manner. This can be tricky because many people believe that simply telling your boss is enough. This is not true, you must provide a 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

If, while you were injured, you were doing something that clearly violated a company policy, your claim will likely be denied or reduced. 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 clear cut, if you were instructed by a supervisor to do something that violated company policy and you were injured it could 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 shed while working on the roof over the weekend. He returns to work on Monday, then falls off a ladder and injures his back. His employer would argue that the injury was the result of falling from the roof, not the ladder.

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 way to select an attorney? Shopping for an attorney based on price is not effective as 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.

by: Jim Brown

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