If you have been injured in a workplace accident here in Mississippi, you should be compensated for lost wages as well as for the costs of your treatment and rehabilitation through worker’s comp. This is true even if your injury is due to a mistake or negligence on your part. But it is not unusual for an employer or the employer’s insurance company to deny worker’s comp claims. I often have clients come to me distraught when their claim is denied, and I commonly find myself explaining the most common reasons for denials. I listed the most common reasons for denial below.
If you or a loved one were injured in a workplace accident, you must find experienced counsel to help you attain your fair share of compensation for your loss of income, pain and suffering, and injury. Barrett Law has the experience to help you if you have been injured. Contact us now at (800) 707-9577.
The Most Common Reasons for Worker’s Compensation Benefits:
Your Employer Does Not Believe You–If your employer believes either that you are not injured or that an event outside of the workplace caused your injury, your claim may be denied. Accordingly, you should avoid anything that will suggest that your injury is not work-related. Worker’s comp does not cover injuries that occur while you commute or are on a break, and employers often argue that this was when their employees’ injuries occurred.
You Did Not Report the Injury Immediately—You do not want your employer to question the legitimacy of your injury. And if you’re going to avoid your employer’s skepticism regarding your injury, report it as soon as the injury occurs. Serious medical conditions often take a long time to arise and often arise from seemingly minor trips and falls. As a result, report all accidents, whether large or small, immediately. If you fail to report the injury when it occurs, your employer will likely believe you were injured outside of work and are just conjuring a past accident to claim benefits.
You Did Not Seek Immediate Medical Attention–Reporting your injury immediately is only half the battle. If you fail to seek medical attention promptly, your claim may be denied. In essence, your employer is arguing that you are using an innocuous or not-serious event to seek medical treatment for some other injury that is unrelated to your work. Imagine an employee has a longstanding back problem that was caused by his or her days playing high school sports. He or she then slips and falls at work, but has no apparent injury and does not go to the doctor. Months later he or she files a claim for the slip and fall and follow-up back surgery. The employer is likely to believe that the slip and fall is merely a proxy for the pre-existing injury that is unrelated to your work. Seek medical attention immediately, even if you do not feel injured, the medical records will create a baseline against which future injury or pain can be measured.
What Should You Do If You or a Loved One Has Been Injured in the Workplace?
If you or a family member were injured in the workplace, you should be compensated under Mississippi’s worker’s compensation program. The Mississippi Workers’ Compensation Board should also compensate you for your time away from work and medical expenses. Properly filing your claim at the correct time could mean the difference between being amply compensated and receiving nothing. Let experienced counsel take care of organizing your bills, attaining statements from medical providers, and dealing with your employer’s attorneys and insurance company. These are just a few of the critical, complex tasks that a worker’s compensation can attorney can handle for you while you concentrate on healing and getting back on your feet again.
Call Barrett Law now, an experienced Mississippi worker’s compensation firm, to represent you if you have suffered an injury due in the workplace. Contact us now at (800) 707-9577.