July 13, 2023 | Workers' compensation

Workers compensation is a system designed to provide workers that are injured while on the job a financial cushion. Workers’ can seek to recover financial compensation for damages and losses including medical expenses and lost wages for the period they are unable to work due to their injuries. Employers are required by law to take workers’ compensation insurance cover to ensure that their employees are covered.

Workers’ compensation is a no-fault system. This means that you won’t be required to prove fault in order to recover compensation. However, this doesn’t mean that recovering compensation is easy. Insurance companies, like any other business, will always put the bottom line first. They will therefore look for ways to deny your claim. Below, we discuss some of the common reasons insurance companies use to deny workman’s compensation claims.

• The statute of limitations has elapsed

The law provides a statute of limitations for workers’ compensation claims. This is the period within which you should file your claim. If you fail to file your claim within this period, your claim will be denied. For workers’ compensation claims in Omaha, you must inform your employer of the injury within 30 days of its occurrence. If you fail to do so, there’s a good chance that your claim will be denied. You should therefore be mindful of the deadlines and get started with the claims process as early as possible.

• Failing to seek medical treatment for your injuries immediately

Many workers make the mistake of not seeking medical treatment for their injuries immediately. They then begin to experience symptoms days or even weeks after the accident. However, it will be difficult to prove that the ailment you are suffering from is a result of the workplace accident. Insurance companies will claim that your injuries occurred after the workplace accident. They can make it difficult for you to claim compensation.

• The existence of prior injuries

Insurance companies often request to have your medical records reviewed as part of the claims process. However, this isn’t just to evaluate the extent of your injuries. It is also to see if you had prior injuries that may be blamed for your current symptoms. If you have an existing injury or illness, the insurance company can use this as grounds to deny your claim. It is therefore important not to provide the insurance company with any information before first discussing it with an experienced workers’ compensation lawyer.

• The injury is not work related

The insurance company may argue that your injuries are not work related and may use this as grounds to deny your claim. Workers compensation is only available to employees who suffer injuries while carrying out work-related tasks. It can be difficult to prove that your injuries are work-related especially in the case of a chronic injury or illness. For example, if you have suffered a back injury due to repetitive lifting of heavy items, it can be difficult to show that the injury is directly related to your work. An experienced workers’ compensation attorney can help to prove that your injuries are work related by working with experts in various fields.

• A failed drug test

Insurance companies often subject injured workers to drug tests after the occurrence of an accident. They can use the results of the drug test to deny your claim. They may claim that you were intoxicated at work and this was the cause of the accident. You will therefore not receive compensation as the accident was a result of your own reckless actions.

• Your employment status or classification

Many employees are surprised to discover that their employers have classified them as independent workers. This makes them ineligible to recover compensation through workers’ compensation claims. Other employees find that they cannot recover workers’ compensation benefits as they have not reached the threshold for working with their current employer in order to be eligible for these benefits. For many employers, the threshold is having worked for at least a year.

• The actions of the worker after the accident

It is important to be careful about what you do or say after the accident. Many workers make the mistake of taking to social media to post information about their injuries, the accident or activities they are engaged in after the accident. This information can be used by insurance companies to find grounds to deny your claim. For example, if you make a post about going on an outing with family when you have claimed that you are unable to work due to your injuries, your claim may be denied. The insurance company can cite the post as evidence of you faking your injuries.

Are you seeking compensation for a work-related injury? It helps to have an experienced attorney fighting in your corner. Contact us to schedule consultation and learn about your rights and the options available to you.

Omaha Workman’s Compensation Lawyer