What to Do If Your Employer Denies Workers’ Compensation

Published on Jun 25, 2021 at 11:46 am in Workers' Compensation.
What to Do If Your Employer Denies Workers’ Compensation

Different jobs have different levels of danger associated with them, depending on what you have to do to complete the tasks you’re assigned. However, every worker should always be as safe as possible while on their jobsite and shouldn’t be at risk of injury. When a worker is injured on the job, they could likely file for workers’ compensation, but what if the employer denies the claim?

Whenever you suffer an injury at work, you could use the help of a workers’ compensation lawyer. At Corban Gunn, Attorney at Law, we’re here to fight for your rights and ensure you get the financial compensation that you deserve for your damages. And if your employer denies your claim, we’ll be here to challenge them.

Why Would a Workers’ Comp Claim Be Denied?

When it comes to workers’ compensation claims, any worker who is injured on the job can file to receive workers’ compensation benefits for their injury. The main appeal for workers’ comp is that it doesn’t rely on proving the negligence of your employer or proving that you weren’t responsible for your injuries. All that matters in a workers’ comp claim is that you were injured on the job.

This makes it seem like workers’ comp claims are straightforward and easily resolved, but that’s not always the case. Sometimes your employer or their insurance company could deny your claim. When this happens, you should get a notice in writing that says why they’re denying your benefits.

Here are some of the reasons that your employer or their insurance company might deny your workers’ compensation:

  • They don’t think your injury was serious enough
  • They don’t believe or won’t acknowledge that the accident happened at work or within the scope of the job
  • Your injuries didn’t require medical attention
  • Your injuries didn’t cause you to miss work
  • You missed the deadline to file

Once you find out why they’ve denied your claim, you can work towards fighting the denial. If you feel like they have wrongly denied your workers’ compensation, then you could use the help of a lawyer to fight this decision. Let’s take a look at how a workers’ comp attorney can help you.

What Can I Do to Fight a Denial of Benefits?

Even if your employer or their insurance company denies your workman’s comp benefits, there are ways to fight their answer and get the resolution that you feel is fair. With the help of a lawyer, you can get clear guidance on what to do if your employer denies your workers’ compensation benefits.

If your claim was denied but you know that it was valid and that you should get benefits, then you can file an appeal. Since they will be sending you a written denial, you’ll have to read that letter for information on how to file an appeal. You and your attorney will follow that process to change the decision of the insurance company.

If your claim was denied for being past the deadline to file, then you might not be able to challenge that appeal. This is why it’s important to report your injury at work immediately, as in within 24 hours of the accident. You should report the incident to your employer, and then seek medical treatment directly after. This gives a record of your injuries and starts your treatment.

In Mississippi, the statute of limitations for workers’ compensation is two years after the date of the injury. This means that if you take more than two years to file for the claim, you have missed the deadline and your claim will likely be denied.

Reach Out to Corban Gunn, Attorney at Law for Help

It can be intimidating to go up against your employer for a workman’s comp claim, especially if you’re friends with them. That’s why having the help of a Biloxi workers’ compensation lawyer is essential for your case. With our support, you can feel confident in your claim and know that it is as strong as possible.

At Corban Gunn, Attorney at Law, we understand how difficult it can be to deal with an injury that happened at work. We will fully investigate what happened so that we can prove your accident happened on the job and that your injuries were a direct result of that accident.

We won’t accept no as an answer, and we won’t let you settle for less than you deserve. Contact our office today so that we can discuss your options and get started on your claim as soon as possible.



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