If you have been injured on the job, whether it be a cumulative stress injury or a work place related accident, you have the right to receipt of workers’ compensation benefits which will cover your medical expenses and offer partial payment for your time off from work. Employees injured in any field are eligible for workers’ compensation benefits, from construction site workers to retail employees, office workers, and any other sort of workplace employee.
Despite broad workers’ compensation coverage, many workers’ compensation claims are denied for a variety of reasons. Finding out your claim has been denied is frightening, as you are counting on receiving those benefits you have earned. It is important any injured worker who has been denied workers’ compensation coverage understand they do have the right to appeal that denial and can still successfully obtain benefits to cover their medical expenses, lost wages, and more.
Why was your claim denied?
Unfortunately, your employer and the insurer both have a vested interest in denying your claim. Your employer would like to avoid paying you for missed time off work, and the insurer, who is a for-profit business, will benefit from not paying your claim. With this being said, many workers’ compensation claims are denied. Any appeal from a denial will require examination of the reason behind the denial of your claim.
Some of the most common reasons for denying workers’ compensation claims include:
- Your injury was the result of a preexisting condition
- You were not actually injured on the job
- The injury was not as severe as you claimed it to be
- You were injured on the job, but you can still perform work duties
- Your injury is precluded from coverage by Mississippi state laws
- Your injuries are the result of an unrecognized illness
Workers’ compensation claims can also be denied due to administrative failings, such as mistakes made in paperwork or not visiting an approved physician. One of the most common reasons an employer denies a workers’ compensation claim is the employee failed to report or file the claim on time. Injured employees have a strict time limit in which to report their injuries, or risk denial of their entire claim.
Appealing Your Denial
The moment you receive notification your claim has been denied, or approved for only partial losses, you should seek the assistance of a licensed and experienced workers’ compensation attorney in Mississippi. A workers’ compensation attorney will evaluate your claim and the denial to uncover whether appealing the decision is the best course of action. Your attorney can also seek to correct any mistakes that may have lead to the denial, in an effort to avoid the appeals process.
You have a very limited time in which to seek an appeal from denial of your workers’ compensation claim. As such, you must act fast to preserve your workers’ compensation action. You will require the assistance of a seasoned workers’ compensation attorney who can help you navigate the complex appeals process.
Barrett Law PLLC: Assisting Injured Workers Across Mississippi
Discovering your workers’ compensation claim has been denied is stressful and terrifying, leaving you feeling discouraged and vulnerable as to your ability to receive compensation for your medical bills and time off work. The Mississippi Workers’ Compensation Attorneys at Barrett Law PLLC know the steps to successfully appealing your denial. For over 75 years, we have assisted injured Mississippi workers in receiving the workers’ compensation benefits they need to move on with their life and their recovery. For experienced representation with zeal and compassion, call us today at 1 (800) 707-9577 to schedule your free consultation.