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How to avoid your worker’s compensation claim being denied

| Jul 12, 2020 | Workers' Compensation

Insurance companies do not like paying out money. If you have a workplace accident, even if you are sure you are entitled to workers’ compensation, you cannot be sure you will receive the payout due to you.

Here are some reasons insurance companies use to deny claims or reduce the amount they pay:

  • You did not inform your employer in time: You must report any accident or injury to your employer within 30 days, but why wait. The sooner you report it, the fresher the details will be in your mind.
  • You missed the deadline to file the claim: You must file within two years of the date the accident occurred. It can take time to get the paperwork together, so it is best to do it much sooner.
  • You do not have medical proof: A doctor must provide an assessment of your injury.
  • You were not working when the accident occurred: Perhaps you were driving back from a building site to your office and diverted to pick up some groceries. The insurers may say shopping is not working.
  • You have not proved your injury is due to work: Insurers may argue your back injury is the result of previous jobs or your days playing college football.
  • Your injury was your fault: You do not have to prove fault in North Carolina, but sometimes your employer or their insurer may point the finger at you. They may say you were denying safety rules and try to avoid paying your claim. Drinking alcohol or taking drugs on the job are often used as excuses to avoid payouts.

Contracting a workers’ compensation attorney straight after your accident increases your chance of a successful claim. They can also fight for the compensation you need if the insurance company denies your claim.