March 21, 2024 | Workers' compensation

Injuries in the workplace can occur at any time and affect anyone. From slip and fall accidents and repetitive injuries to more serious injuries resulting in life altering consequences or even death, workers may find themselves in a financial pickle due to the economic strain that worker place injuries can have. Fortunately, workers’ compensation is designed to provide injured workers with a financial cushion during this difficult period. However, the road to obtaining these benefits isn’t always straightforward. Below, we discuss denied and delayed workers’ compensation claims and how working with an experienced attorney at High and Younes can help.

Understanding Denied and Delayed Workers’ Compensation Claims

Denied or delayed workers’ compensation claims can add further stress and uncertainty to an already challenging situation. Denied workers’ compensation claims occur when an employer or their insurance provider refuses to provide benefits for a workplace injury. Delayed workers’ compensation claims on the other hand occur when there’s a significant lag between the time of the injury and the approval of the benefits. Insurance companies sometimes delay claims in the hope that the worker may give up on collecting their benefits.

While some claims are denied or delayed with good reason, many times insurance companies will use various tricks to deny or delay the claim in order to avoid making losses. Below are some of the tactics used by insurance companies to deny legitimate workers’ compensation claims.

1. Disputing the cause of injury

Insurance companies may attempt to argue that the injury did not occur in the workplace or that it is not work-related. They may scrutinize the circumstances under which the incident occurred, question the reliability of witness accounts or seek contradictory evidence to undermine the claimant’s case.

2. Claiming pre-existing conditions

If the injured worker has a pre-existing medical condition that was made worse by the injury, the insurance company may attribute the injury to that condition rather than to the workplace accident. They may argue that the injury is not compensable because it was not solely caused by the work-related incident.

3. Requiring independent medical examinations

Insurance companies often request independent medical examinations conducted by doctors of their choosing to assess the extent and severity of the injury. These examinations may yield opinions favorable to the insurance company’s interests, downplaying the severity of the injury or attributing it to non-work-related factors.

4. Delaying investigations

Insurance companies may intentionally delay the investigation process by requesting additional documentation, conducting multiple rounds of interviews or extending deadlines. This delay tactic can prolong the claims process, leaving the injured worker without much-needed benefits and medical care.

5. Challenging medical evidence

Insurance companies may dispute the validity or necessity of medical treatments prescribed to the injured worker. They may question the qualifications of treating physicians, challenge the appropriateness of specific treatments or procedures or seek alternative medical opinions to undermine the claimant’s medical evidence.

How the Experienced Workers’ Compensation Attorneys at High and Younes Attorneys LLC can Help

If your workers’ compensation claim has been denied or is being delayed, don’t give up. With the help of the experienced attorneys at High and Younes Attorneys LLC, you can access the benefits you rightly deserve. Our team will:

1. Help you navigate complex laws

Workers’ compensation laws can be intricate and complex. Navigating these legal complexities without professional guidance can be overwhelming especially when you are already dealing with the physical and emotional toll of a workplace injury. Our experienced attorneys understand the intricacies of workers’ compensation laws. We will advocate on your behalf and fight to defend your rights.

2. Gather evidence and documentation

Building a strong case requires thorough documentation and evidence to support the claim. This may include medical records, witness statements, incident reports and expert opinions. Our team is experienced and has the resources to gather evidence that is crucial for building your case. Our experienced team can also anticipate and address any potential challenges or objections raised by the insurance company.

3. Appeal denied claims

If your claim has been wrongfully denied, the appeals process can seem complex and time-consuming. Working with an experienced attorney at High and Younes Attorneys, LLC., will help to ease the burden. We understand the appeal procedure and will help you navigate it effectively. We will present a compelling case to the appeals board, addressing any deficiencies in the initial claim and advocating for a favorable outcome.

4. Advocate for fair compensation

Without legal representation, you risk accepting inadequate settlements or being completely denied the benefits you deserve. Our skilled and experienced attorneys will negotiate on your behalf to secure fair compensation that covers medical expenses, lost wages, rehabilitation costs and any other relevant damages.

Denied or delayed workers’ compensation claims can exacerbate the challenges faced by injured workers in Omaha. We at High and Younes Attorneys, LLC., are committed to advocating on behalf of injured workers. We will fight to secure the benefits you need to recover and move forward.

Denied Claim – Contact High & Younes