Workers Comp Lawyer Santa Fe, NM
The majority of employees in New Mexico go to work every day and do their job the best they can. In the event they become injured at work through no fault of their own, they expect their employer will do the right thing and cover their medical expenses and loss of wages while they recover from their injury. Afterall, the law has workers’ compensation laws to cover this very situation and protect employees. The last thing they think they will need is a workers comp lawyer Santa Fe, NM residents rely on.
However, according to federal statistics, almost half of all workers’ compensation claims are initially denied. Many of those denials are eventually overturned on appeal by the employee, so it is critical for a worker who has been denied to retain the services of a skilled workers’ compensation attorney to fight against the insurance company.
What Are Reasons Why a Workers’ Comp Claim Could Be Denied?
Every insurance company – including those that cover workers’ compensation injuries – is in the business to make a profit. Any time the company has to pay money out for a claim, that cuts into their profit. In order to protect that profit, these companies will deny workers’ claims.
Denying injury claims also keeps the employer happy because the more claims the insurance company pays out, the higher the employer’s insurance premiums will be. So it is not uncommon for an insurance company and an employer to work together to deny or make it difficult for an injured worker to receive the benefits they are legally entitled to.
Some of the more frequent reasons a Santa Fe, NM workers comp lawyer is familiar with include the following:
- Pre-existing condition: The insurance company will look through an injured worker’s medical history to try to find any type of information that they can claim is a pre-existing condition of the worker’s current injury and, therefore, is not an injury related to the worker’s job.
- The injury occurred somewhere else and is not work-related: Another tactic insurance companies will try to use as a reason for denying benefits is to claim that the injury did not occur while the employee was working. This is often used for employees who work off-site or on the road.
- The injured worker did not notify the employer about the injury right away: It is not uncommon for a work injury to appear to be a minor one, only to have symptoms appear later, indicating a serious injury. This is enough, however, for an insurance company to use to try to deny a claim. This is why no matter how minor an injury may seem; a worker should report the incident to their employer right away.
- The injured worker missed the deadline to file a claim: State laws are specific regarding deadlines and statute of limitations and these rules must be adhered to, otherwise, the worker’s claim will be automatically denied.
- The employer disputes the claim: There are many reasons why an employer may dispute the worker’s claim of being injured on the job, however, their objection could be enough of a reason for the insurance company to deny the claim.
Call Our Office Today
If you have been denied workers’ compensation for your job-related injury, contact Roger Davie P.C. to schedule a free consultation with a skilled Santa Fe, NM workers comp lawyer.