November 20, 2022
Workers Compensation Lawyer
Following a workplace-related accident, you might be entitled to workers’ compensation. While nothing can reverse an accident or the injuries they cause, workers’ compensation can help you recover. A compensation claim can provide financial compensation for expenses like:
- Medical expenses
- Out-of-pocket expenses
- Travel costs
- Lost wages, job rehabilitation, or disability benefits
- In the case of wrongful death, death benefits paid out to your loved ones
Unfortunately, sometimes a claim can be denied. There are different reasons why your workers’ compensation claim can be denied, which we will now explore.
- Your Injury Wasn’t Reported in Time or Had Errors
In New York, you must report your accident to your employer within 30 days after it occurs. You can lose your benefits if you don’t report it. While you technically have 30 days, it’s best to report it when it happens or when you’re physically able. Minor errors on your paperwork can lead to a denial claim, which is why having an attorney present ensures you accurately fill out your paperwork.
- Your Injury Didn’t Happen In Your Workplace
Most workplace injuries occur while on-site, which are generally qualified for workers’ compensation. However, an injury can happen off-site as long as you perform work. So, for example, if you’re a delivery driver involved in an accident, you may still qualify for compensation even if the accident didn’t happen “on-site. This stipulation may not prevent an employer from trying to claim the injury.
- Your Employer Claims You Were At Fault
You still claim workers’ compensation if you were liable for the accident, but some restrictions do apply. For example:
- You violated safety protocols or guidelines—especially to an egregious extent where there’s the question of whether or not you intentionally violated standards.
- You engaged in “horseplay,” leading to an injury.
- There’s reason to believe you were operating while under the influence.
- Your employer believes you intentionally harmed yourself.
Sometimes, these reasons are applicable, but other times an employer might be trying to find a way to get out of paying workers’ compensation.
- You Have a Preexisting Medical Condition
You may have a preexisting medical condition that either led to or aggravated your injury. Of course, just like claiming you’re at fault, sometimes employers or insurance companies will use this as an excuse to deny coverage. Even if there’s some evidence to show a preexisting medical condition is at play, the opposing party may often exaggerate the situation.
- It’s Simply Hard to Prove the Incident
Unfortunately, some workplace injuries are hard to prove to be applicable. For example, while it’s rather easy to pull up video footage of a worker falling off a ladder, it’s much harder to prove that dangerous chemicals led to a specific medical condition. The bottom line is that employers and insurance companies may look for ways to deny coverage, and they know that it’s much easier without you having legal representation. Hiring a Buffalo, NY workers’ compensation lawyer can make a huge difference—a fact that our friends at Hurwitz, Whitcher & Molloy, LLP can vouch for.