Construction Accident Lawyer
Workers’ compensation is your saving grace when you have been injured in a construction accident, but what if it doesn’t work out as you had hoped? Sometimes workers’ compensation claims are denied and you are unable to collect any compensation at all. What are some reasons this could happen?
Missing a Deadline
The first deadline you have to meet to receive workers’ compensation is reporting the accident to your employer. In many states, you have to report the accident “as soon as possible,” but other states might allow you a certain time period such as 24 hours or one week. If you miss this reporting deadline, your claim could be denied. It could also be denied if you miss reporting the injury to the state’s workers’ compensation board.
Disputing the Injury
Even when you file your claim on time, your employer could dispute the fact that your injury actually occurred at work. Another dispute about your injury could be that you were involved in gross negligence or serious misconduct when your injury occurred. If you had a current medical condition, your employer might try to dispute the fact that it was aggravated by your work duties. If your employer is successful, your claim could be denied.
Not Meeting Guidelines
Each state has different restrictions on what you can claim is a workers’ compensation injury. Cumulative trauma and certain psychological conditions are often restricted for this type of insurance. Some states also put a restriction on illnesses that are caused by long-term stress on the job. Injuries must meet certain guidelines as well, and it’s possible that your injuries don’t meet those guidelines. In any of these cases, you run the risk of having your claim denied.
Filing the Claim After Quitting
If you quit your job and file the claim later, it may be denied because you are trying to get revenge on your employer. Even if your injury was legitimate, it may not look as though it was if you were fired or quit, then filed a claim at a later time. If you’re worried about having your claim denied, for this reason, you need to be sure you file your workers’ compensation claim while you’re still employed.
When your workers’ compensation claim is denied, it can be frustrating. You need that money to pay your bills, but now it seems you’ve come to a dead end. Fortunately, you do have some help. A New York construction accident lawyer from a law firm like Polsky, Shouldice & Rosen, P.C. can give you some understanding and guidance through the aftermath of your construction accident.