Share:

Most businesses provide workers’ compensation insurance to help employees cover costs when they’ve been injured or become ill at work. While the U.S. Bureau of Labor Statistics reports that approximately 2.8 million nonfatal workplace injuries and illnesses were claimed in 2018, not all of these claims were approved. Below, learn more about a few common reasons for a workers’ comp denial, and how to handle them.

Why Workers’ Compensation Claims Are Denied

Employers will sometimes dispute a workers’ comp claim if they do not believe the injury or illness was the direct result of work-related activity, or if they think you were to blame for the incident. There are also strict filing deadlines that must be followed for a claim to be approved. In North Carolina, for example, a claim must be filed within two years of the date of injury.

Other common reasons for claim rejections include paperwork errors, employment status (independent contractor vs. employee), insufficient medical documentation, evidence of a preexisting condition, filing a claim for a non-covered injury, filing a claim after being laid off or fired, or being under the influence at the time of the incident.

How to Appeal a Workers’ Compensation Denial

Workers' CompensationIf your claim is denied, read the denial notice carefully. Review the paperwork you submitted with your original claim and make sure the rejection is not due to a simple error, such as a typo or a missing form. Typically, these issues can be cleared up with the help of an attorney.

However, if you believe the rejection is without merit, your attorney can help you file an appeal with the North Carolina Industrial Commission. In most cases, a hearing date will be set where you’ll be able to present evidence like medical records and eyewitness accounts to prove the validity of your claim. Based on what’s presented, the commissioner overseeing the hearing will decide whether you are entitled to receive workers’ compensation benefits.

 

If you’ve been hurt at work and think you may be entitled to workers’ compensation, contact Love-Sloan Law, LLC in Rock Hill, SC. Serving residents of York County for more than 20 years, these seasoned attorneys know how to get injured and ill clients the compensation they deserve. Visit their website for more information or call (803) 326-0000 to set up a complimentary initial consultation.

tracking