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Employees should be able to rely on workers’ comp benefits if they get hurt on the job. In reality, though, many claimants find it challenging to secure the funds they deserve. Although there are cases in which injured parties are not entitled to benefits, there are many other scenarios in which employers wrongfully deny claims. If your own claim was rejected for one of the following reasons, it could be a sign that you should appeal the denial. 

Top Signs You May Have a Valid Workers’ Comp Claim Despite Receiving a Denial

1. Your Employer Alleged the Claim Cannot Be Verified

If the accident that caused your injuries was not captured on surveillance footage or witnessed by others, your employer will almost certainly fight it. Fortunately, there are other ways to prove credibility. For example, if the injuries are consistent with the accident that you describe, your physician can provide testimony stating as much. 

2. Your Employer Stated You Are Not an Employee

workers' compCompanies that work with independent contractors do not have to purchase workers’ comp insurance for them; however, whether you are an employee or a contractor is not actually up to the company that hired you. The IRS has strict requirements for both kinds of workers. If you think you were misclassified as an independent contractor but are actually an employee and therefore entitled to benefits, it is wise to seek legal counsel. 

3. Your Employer Argued Insurance Premiums Will Increase

Employers are wary of every workers’ comp claim that comes their way because it means their overall insurance premiums will rise; however, this is not a valid reason to challenge a claim. Small business owners are more likely to use this reason because they tend to have a closer relationship with their employees and can essentially “guilt” them into dropping claims. 

 

If you want to file a workers’ comp claim—or appeal a denial—turn to Woodlawn Law Offices in O’Fallon, MO. Led by Attorney David Schmidt, who has more than 25 years of experience, this general practice firm provides comprehensive counsel in all areas of the law. Their team will be happy to answer all of your questions regarding the claims process and they will work around your schedule. They even offer evening and Saturday appointments upon request. To learn more about David Schmidt’s areas of expertise, visit the firm online, and then call (636) 240-6667 to schedule a consultation with this compassionate personal injury lawyer.  

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