Taking Your Workers' Comp Denial By The Reins
Getting an on-the-job injury usually means that you can count on your employer's workers' comp insurance. This benefit, which costs you nothing, will pay your medical expenses and some of your salary if you need to stay home for a bit and get better. In most cases, workers' comp works well, but sometimes you receive a letter of denial in the mail that leaves you frustrated and puzzled. You know you need these benefits, so learn more about what to do when you get denied those benefits by reading below:
Were you accused of using drugs or alcohol? You can just expect that anytime you show up at the doctor's office or the emergency room with a work-related injury you will need to undergo a drug and alcohol test. There will be no workers' comp benefits forthcoming if your results of that blood or urine test was positive, however. In some instances, the results could be incorrect, but it may be difficult to challenge a test done during the time period right after your accident. In other cases, the drugs detected were actually legally prescribed to you. To get your claim back on track, show proof of your prescription. If you need to challenge the result, speak to an attorney.
Were you alone when the accident happened? If your supervisor or the workers' comp insurance carrier is questioning the validity of the accident, you may need to take action to verify and prove your claim. You must find a coworker or other workers nearby who saw the accident, so go back to the scene and scout for witnesses who can corroborate your story. Look also for the presence of cameras in the area. Not all work-related accidents happen on company property, so look to anyone in the area of the accident to help you out with a statement.
Did your claim contain inconsistencies and inaccuracies? In some cases, the stress of the accident may have caused you to give some incorrect information about the accident, either to your supervisor, to medical personnel or on the claim report. If so, you may be able to go back and correct or amend that information and get your claim reinstated. You should understand that details like times, dates, names, and other information should be as accurate as possible since inconsistencies can make it appear that you are being dishonest.
If you cannot get your claim back on track yourself, speak to a workers' comp attorney as soon as possible for help and support to get the compensation you need and deserve.
