Don’t worry if your workers’ comp claim has been denied, you’re not alone and this isn’t the end of the road. You can get the compensation that you deserve. Keep reading to discover why your claim may have been denied and what you can do about it.
Why Was My Workers’ Comp Claim Denied?
This is a question that many workers find themselves asking once their claim has been denied. Sometimes the claims process can be difficult, making it hard for injured workers to understand the legal jargon and what their rights are. Let’s take a look at the most common reasons as to why your workers’ comp claim was denied:
- The claim wasn’t filed in time
- The injury itself wasn’t reported on time
- Your employer is disputing the claim
- Your injury is not compensable
- You didn’t seek medical treatment
- There’s no or insufficient evidence the injury occurred
What Can I Do If My Workers’ Comp Claim Is Denied?
You will need to file a claim with the Virginia Workers’ Compensation requesting a hearing to prove that your comp claim shouldn’t have been denied. At the hearing, you’ll need to have two things prepared:
- Proof that your injury happened at work
- Medical evidence to prove that you suffered an injury in your accident and to prove you are entitled to wage loss benefits while you are out of work.
Proof of Workplace Injury
The first one is the easiest part. You’ll need to gather evidence that your injury happened on the job. This might mean including your boss or other witnesses of your accident, and you’ll need to present your testimony and any witness testimony to the judge.
Proof of Medical Causation
The next part is where it can get tricky. You’ll need to prove something called “medical causation”. Even if you have a great testimony and witnesses to back you up, your claim might be denied if you can’t prove that the reason for your treatment or disability is because of your accident at work.
Workers comp insurance companies often argue that the worker may have had a preexisting condition that is the main cause for your need for treatment or your disability. Medical causation claim denials are often more about medical questions rather than caring about what happened at the time of the accident. So for this you’ll definitely benefit from an experienced lawyer. It wouldn’t hurt to make sure you’ve got a good doctor too, as their testimony will play a large role in proving your injury was the result of your work-related accident and the periods of time when you were unable to work due to your injuries.
Hire a Workers Comp Lawyer Help With Your Case
While it’s totally possible to attempt to fight your claim alone, those who hire a lawyer are more likely to be successful at winning their appeal. The lawyers at Renfro & Renfro know how insurance companies try to get out of paying, and therefore know the arguments they need to make so that you win. Get the compensation that you deserve by hiring an experienced workers’ comp lawyer and appeal your case now.