Denied Claim

A denied claim for workers’ compensation is any claim that an insurance company denies.

Denials can occur for a variety of reasons

Common reasons for denials include the argument that the injury did not occur at work within the scope of employment; medical treatment is not needed for a given injury; the injury is not serious; no one witnessed the accident; the injury was not immediately reported; there was a discrepancy between what the medical doctor reports and your initial accident statement; you were injured while on illegal drugs; you filed your claim after you were terminated; you refused to provide information to the insurance company; or the injury is not serious enough to justify time-off from work.

Fighting a denied claim

Workers who have been injured at work while performing normal job duties are generally covered by their employer’s workers compensation insurance. If your claim has been denied but you believe it is a valid claim you may have the legal right to contact the workers’ comp insurance company and challenge the denial, hire a lawyer to challenge it for you, or request a hearing with the state workers' comp board. Retaliation for fighting a denied claim Workers who have been retaliated against for challenging a denied claim have the legal right to contact their state’s Labor Department and report the retaliation charge. State laws vary, but generally, the Labor Department will conduct an investigation.

If the Labor Department determines you have been discriminated against or a law has been broken they can fine your employer. In some cases, depending on the type of discrimination, you may also file a lawsuit against your employer. If your win your case you could also win compensation for the retaliation. Legal reasons you could have a denied claim Workers’ compensation should be provided to injured workers for legitimate work injuries. Compensation can potentially include wage compensation, paid medical care, and paid time-off.

There are, however, legitimate reasons why an employer may deny a workers’ compensation claim. Talk to a work comp lawyer if you have questions about your rights to work comp benefits following a work injury.