Injury Law

Common Issues with Work Injury Cases

While in many cases the workers’ compensation claims process goes smoothly, certain issues may arise that make it challenging for victims of work injuries to receive the benefits to which they’re entitled. Learning about these various issues and how to prevent them can help increase your chances of receiving sufficient compensation and keeping the claims process efficient.

Claims Denials

One of the biggest issues that can occur with work injury cases is a claim denial. There isn’t a guarantee that your claim will be granted, even if you’ve suffered from legitimate work injuries or work-related illness. There are several reasons your claim may be denied.

Lack of Direct Link to Workplaces

Employers or insurance carriers may claim that your injury or illness isn’t connected to the workplace, at least not directly. They may do this to try to minimize the number of false claims that are filed. In a majority of work injury cases, this kind of complication can be cleared up with a thorough investigation of the exposure or accident.

Neglecting to Follow Up on Claims

Workers and employers sometimes fail to follow up on work related injuries and claims. Both parties should understand how to properly report accidents or illnesses and follow through with the process to resolve it.

Not Reporting Injuries on Time

Workers should typically report injuries as soon as they can following the initial accident. State statute of limitations will vary, so you’ll want to check with your state’s rules regarding workers’ compensation. However, the best way to avoid issues is to report the injury immediately.

Failure to Seek Medical Treatment

Even if you don’t believe your injury is severe enough to warrant treatment from a medical professional, workers should always seek treatment to gauge the amount of harm done. If insurance companies don’t see any medical records regarding the injury, they’ll be far less likely to grant your claim as they view the injury as insignificant.

Absence of Witnesses

Witnesses may not be present during every work injury, and they’re not always necessary regardless, but it can help to name any witnesses who witnessed the accident. This helps back up any of your claims and can confirm the legitimacy of your workplace injury or illness in most work injury cases.

Statements Are Inconsistent

Employees who experience a workplace injury should ensure that their story stays consistent in every statement, with all details accounted for from beginning to end. These details can include aspects of the accident and subsequent injuries, even those that appear later following the accident. Even the subtlest inconsistency can potentially result in a flat denial.

By properly reporting and accounting for all details of your accident, you can avoid these issues and more successfully receive the compensation you deserve. For true help in these matters, working with a workers’ compensation attorney is always ideal. A professional lawyer will be able to help you through the process from start to finish, working with you every step of the way to get the most out of your work injury case.

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