Five Reasons Your Workers Compensation Claim May Be Denied



When you get injured while on the job, one of the smartest things you can do is file a workers compensation claim. However, while many people automatically assume their claims will be approved, a surprising number of claims are denied for a variety of reasons. When this happens, not only can it create an awkward situation between you and your employer, but also a financial hardship for you if your injuries will have you missing weeks or months of work. Because of this, it’s always best to consult a workers compensation attorney prior to filing a workers compensation claim. At the Law Offices of Beninato & Matrafajlo, we will help to get the full extent of the compensation that you deserve and assist you in complex workers compensation claim process.

To ensure your claim will have a better chance of being approved, here are five reasons why many of these claims are denied.

Nobody Witnessed Your Injury

If you have the misfortune of being injured on the job without having any witnesses, there’s a good chance your claim will be denied. However, you should still immediately report the injury to your supervisor and co-workers, and make sure you give the same version of events to everyone with whom you talk. This is especially important when speaking with a workers comp lawyer, since giving multiple versions of what happened can greatly jeopardize your case.

Failing to Immediately Report the Injury

If you don’t immediately report your injury, your supervisors and the workers comp insurers will assume you weren’t really hurt. In addition to this, most states only give you one week to file your report, so a delay can automatically disqualify you from filing a workers compensation claim.

You Test Positive for Drugs or Alcohol

If after you are injured you test positive for drugs or alcohol, almost all workers comp insurers will deny your claim. And along with this, your employer may fire you for violating company policies.

The Claim is Filed After You Are Fired

If you have been injured on the job but fail to file a claim until after you have been fired or laid off from your position, you have a slim chance of having your claim approved. When you file a claim after being fired or laid off, the insurer will assume you are doing so simply out of revenge. To keep this from happening, always consult a workers compensation attorney to ensure your legal rights will be protected.

Refusing to Sign Medical Authorizations

Although you are not legally obligated to sign a medical authorization to allow insurers to obtain your medical records, failing to do so can greatly jeopardize your case. In these situations, insurers prefer to obtain records on their own, which lets them m

ake sure they have all necessary records, and are not given ones that have been carefully selected by the injured employee. If you have any questions about this, speak with a workers compensation attorney.

Hire an Attorney

Because workers compensation cases are so complex, always hire an experienced workers comp lawyer as soon as possible after your injury. By doing so, you’ll give yourself the best possible chance of winning your case. To protect your legal rights and get the full extent of the compensation that you deserve contact the Law Offices of Beninato & Matrafajlo.