Have you received an injury in a work-related accident? Were you then denied the ability to receive workers’ compensation benefits?

You are not alone. Many injured workers get denied compensation benefits the first time they apply.

Insurance companies work hard to not pay out more on work injury claims than necessary. They will pick a work injury case apart to find a reason to deny the worker any benefits.

Here are 4 common reasons you may have been denied your compensation benefits.

You Did Not Notify Your Employer of Your Work Injury Quick Enough

You should report your workplace accident to your employer as soon as possible after it happens. Generally, Alabama labor law says you should report to your employer within five days of the accident. Technically, you could take up to 90 days to inform your employer. But, you risk losing your right to workers’ compensation benefits the longer you wait.

The longer you waited to report, your employer’s insurance company may assume your injuries are not as bad as you claim. They could even question if the accident took place.

You may have assumed that if your supervisor saw the accident it qualified as notification, but he or she could fail to file an incident report. You should fill out the incident reporting paperwork your self as soon as possible.

You Did Not Have Supporting Medical Documentation

Getting medical treatment after your workplace injury occurs is one of the most important things you can do.

Immediately after your injury, ask your supervisor if you can go to your employer’s affiliated doctor. After this first visit, if you choose, you can see your own doctor.

Regardless of the doctor you see, you need to have adequate medical records. Your employer’s insurance company reviews the medical records to make sure the injuries reported are real and could have happened at work the way you claim.

Your Injury is Not Related to a Work Accident

According to the Alabama Department of Labor, for injuries to be considered a workplace injury the causing accident or condition “must arise out of and in the course of employment”.

But, circumstances can disqualify the employee from claiming the accident as work-related. Those circumstances can include:

• the employee’s willful misconduct caused the accident
• the employee was under the influence of alcohol or illegal drugs
• the employee did not follow reasonable safety rules or regulations of the employer

You need to explain how the accident or condition happened. You also need evidence to show it was workplace related. Getting eyewitness accounts of the accident is the best evidence could give.

You Did Not Have the Help of a Worker’s Compensation Attorney

The law does not require you to have the help of an attorney when filing your workers’ compensation claim. But, an experienced workers’ compensation attorney can better guide you through the process. The attorney will know how to help you gather the evidence about your injury. The attorney can also help you complete the proper documents you need. Without an attorney, you could miss an important piece of information resulting in your denial.

It is not too late if you have been denied compensation. You can appeal your denial and try again to get your workers’ compensation. Appealing a denial can be more difficult than the initial claim. A workers’ compensation attorney could help you better understand why your initial claim got denied and fight for your right to compensation.

If you wish to appeal your workers’ compensation denial, contact us for a free evaluation to see if our attorneys can help you