When you’ve worked for a company for a long time, you expect them to take care of you if you get hurt on the job. After all, if you weren’t doing your job, you wouldn’t have gotten injured. This is why it can be so frustrating to learn that your employer has left you high and dry. You do all the things your workers compensation lawyer in Ohio told you to do and still have your claim denied. This is because there are times where it seems like your employer and their insurance company are conspired against you. You know you meet all the qualifications for workers compensation. You can’t possibly know what’s going on the minds of the insurance carrier.
Here, we’re going to discuss some of the reasons why your employer and their insurance carrier have decided to deny your claim. We will also discuss what your Columbus workers com lawyer will do to help appeal your claim. If you have a feeling that you may need to file suit, you’re not alone. Just retain the services of a workers compensation lawyer in in Ohio.
Are You Sure That You Belong to an Included Class of Workers?
As your Google searches already turned up, there are certain categories of workers who are not allowed to file for workers compensation. Even if they do apply, it’s a waste of time. This is because certain job categories are automatically denied for workers compensation benefits. The major categories of workers who are denied compensation or benefits in:
- Agricultural workers
- Railroad workers
- Federal employee
- Casual employees
- Temporary workers
- Seasonal employees
The point is that the law doesn’t allow for workers compensation to be extended to members of these groups. This means your Columbus workers comp lawyer will have to find another way to get you the compensation you deserve.
There are a variety of reasons why your employer or insurance carrier may deny your workers compensation claim
depending on the facts of your case, the insurance carrier may feel that they have a better chance of winning in court then they do by just paying out your claim info. An example of when this may happen is if your claim is rather large. They would much rather take their chances in court that they this kind of money up front.
Employer may also deny your claim because they don’t believe that you got hurt on the job. Many employers in Ohio have been burnt one too many times to take their employees at face value. There’s a part of them deep down that suspects that you’re trying to take advantage of them like employees have done in the past. Even if you meet the basic criteria for workers compensation, your Columbus workers comp lawyer may still have their work cut out for them. Your response will always depend on the reason for your denial. These reasons may include:
- the insurance carrier things you got hurt outside of work and are simply trying to turn it into paid time off
- your employer doesn’t think your injuries are legitimate
- there were no witnesses to your accident
- the doctor cannot attest any specific medical issues
- you have a history of filing fraudulent workers compensation claims in the past
- you were under the influence of drugs or alcohol at the time of your workplace accident
- he refused to take the drug test so there’s no idea for your employer to know if you were intoxicated or not
Some employees think that because they meet these basic criteria, they are guaranteed to have their workers compensation claim approved. The truth is that your employer as well as their insurance carrier may feel that you’re not entitled to workers compensation and would rather wait for their day in court then agree to pay any workers comp benefits.
What if Your Benefits are Denied – What to Do Next?
If your employer and their insurance carrier has made it abundantly clear that they have zero intention of paying your claim, then your workers compensation lawyer in Ohio will have no choice but to file a lawsuit. This lawsuit will be a little different than a personal injury lawsuit because you’re only demanding the benefits that you’re entitled to under workers comp. It’s tempting as it may be to stand your ground, sometimes you are willing to put up the fight necessary to give these benefits approved. Other times, you simply want enough money to walk away and find a new job.
It’s in Your Best Interest to Hire an Experienced Workers Compensation Lawyer in Ohio
If you’ve been injured on the job and are surprised that you are workers compensation claims been denied, you’re not alone. We meet with new clients every week who are in the same position as you. The first thing we have to do is ask the team whether your job falls into one of the categories of workers who were not entitled to workers compensation. If that is the case, then we need to look further to find out why your clean was denied. Typically, you’ll get a letter from your employer stating why your workers comp claim was denied. As discussed above, there are a variety of reasons why this may have happened. Regardless of the reason, your workers compensation lawyer in Ohio will do their best to fly on appeal on your behalf. If, for some reason, the appeal is not successful, we will have no problem filing suit.
We recommend that anyone whose claim has been denied contact our office as soon as possible. The sooner you get one of our Columbus workers comp lawyers involved, the sooner we can try and get your claim resolved. The longer you wait, the easier you make it for your employer to argue that you weren’t really hard to begin with. You also don’t give the insurance company or your employer the opportunity to take advantage of you. If they don’t think you’re represented by an attorney, they will put your case on the back burner and not pay you another bit of attention.
Since we offer all new clients a free, initial consultation, it would be who’ve you take advantage of it. Not only is your consultation frame but you also don’t pay our firm and I’m until we settle your case.