What Can Void Your Worker’s Compensation Claim?
A worker's compensation claim might not be a walk in the park for everyone. There could be obstacles on your path when filing your claim, along with loopholes that your employer could find in your claim.
Don't forget that you need to prove that these injuries occurred on the job for your worker's compensation plan to be valid. Below, we’ve listed a few things that might void your claim if you aren’t careful.
1. Failure to Report the Injury ImmediatelyWorker's compensation law from most states mandates that you report any injury from work as soon as possible, within seven days. Not reporting accidents immediately doesn’t go over well with workers compensation insurers. By not reporting the accident immediately, you’re creating the assumption that you weren’t really injured.
Avoid waiting to report your accident, especially if you feel the injury might cause you to miss work. Report it, and file an accident report. This will assist your claim of getting any entitled benefit as soon as possible.
2. You Filed a Claim After You Were Laid offYou might be legitimately injured at work, but the delay can affect the validity of your claim. As a result, filing the claim after getting fired might not prove helpful to insurers. Many times, they interpret such a claim as a means for revenge. As a result, do not delay filing your claim if there is a legitimate injury from work. Trying to convince the insurer and compensation judge that your injury was related to work will be pretty tricky.
3. Failure to Follow RulesAn employer could sometimes claim that a worker's injury is tied to negligence, failure to pay attention, or followed laid down safety rules. They might argue that such an employee disregarded the safety rules, worked without the assigned personal protective equipment or was distracted.
As a result, they might claim that they are not responsible for the accident, so they should not be held liable for it. With this, you need to prove beyond doubt that you were not negligent for your claims to be valid.
4. You Don't Have Many DetailsForgetting any details about your accident, such as how you got hurt, who witnessed the accident, the time it happened and others, might invalidate your claim after reporting an accident.
The insurance company might try to pass this off as deceitful. Exaggerating or falsifying the extent of your work injury might nullify your entire claim. As a result, ensure you have all the correct details. The insurance company might use any discrepancy they have against you. Arm yourself with essential information about your claim and any loophole that the insurer might want to use against you.
5. Your Worker's Compensation Attorney Is Not ReliableThe assistance of a qualified and experienced compensation attorney is paramount in ensuring that you get the required medical service and compensation after sustaining an injury. Bear in mind that the insurance company has skilled insurance adjusters, medical practitioners, and private investigators that might discredit your claim, so having a reliable workers compensation lawyer is crucial.
EndnoteWorkers compensation claims need not be intimidating and challenging. With the proper assistance, you can file a successful claim.
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