Can my Workers' Compensation Claim be Denied?

If your employer is required to carry workers' compensation insurance, it is natural that you would expect that you would automatically receive benefits if you sustain an injury or illness on the job. However, many injured workers are shocked when they learn that their claim for medical care or income replacement benefits has been denied. In such situations, an individual must not only worry about their physical recovery but also about how to pay for the necessary medical care and to cover basic expenses if they have to miss work.

Fortunately, a claim denial by your employer or their insurer is not a final decision and does not necessarily mean that you will not obtain benefits. There is a specific process you must follow to appeal the decision with the state workers' comp department,² however, and the assistance of an experienced workers' compensation lawyer is critical during this process.

The most common reasons for claim denial

The reason behind many workers' comp claim denials is that an employer does not believe the injury or illness was truly work-related. In order to qualify for workers' compensation benefits, your injury must have occurred on the job. Employers often dispute this requirement by claiming the following:

·         Your injury occurred at home or another location outside the workplace;

·         You strayed from your job duties and your injury occurred while you were engaged in activities that were not work-related;

·         Your injury was preexisting.

Presenting sufficient evidence to prove that your injury was work-related can be complicated, but an experienced attorney can help you do so and obtain the benefits to which you are entitled.

Call a Delaware workers' compensation attorney for help today

The last thing you need after suffering a work-related injury is to have your employer or the insurance company dispute or deny y our claim. You will naturally want to pursue and appeal as soon as possible so that you do not face unnecessary financial stress as a result of your injury. At the law office of Zavodnick, Zavodnick & Lasky, our experienced Delaware workers' compensation lawyers have helped many injured workers receive the benefits they deserve. Please call 302-364-6047 to find out how we can help you.

¹http://dia.delawareworks.com/workers-comp/