If you are injured at work or get a job-related illness, you are entitled to get compensation for your injuries and other damages to get back on your feet. However, the procedure of filing and receiving the compensation is challenging and complex. The employer and the insurance company will go out of their way to deny or reduce your claim.
A denied claim can leave you with no hope and confusion about what is next. Therefore, it is essential to consult a workers’ comp lawyer in Virginia Beach, VA, who can determine the cause of the denial and fight for your rights.
Common reasons for denial of workers’ compensation claim.
- Not reporting the accident to your employer on time.
One of the common reasons for the denial is the failure to report the accident within the time limit. According to Virginia’s law, you must report the accident within the first 30 days. However, you should report the accident as soon as possible instead of waiting for 30 days. Ensure to keep a written copy of the report.
- Failure to seek medical assistance.
Another reason for the denied claim is not receiving immediate medical care for your injuries. If you delay the treatment, the company will use it against you to prove that you are not as injured as you claim to be.
- Your injury did not occur from or because of work.
The law only covers injuries that happened at work or because of work. For example, if you were injured at the construction site, you are entitled to compensation for your injuries. However, if you sustain injuries while going to work, your claim may be denied.
- Failure to file compensation on time.
Under Virginia’s workers’ compensation law, you can file the claim within two years from the injury or the accident. Failure to do so can result in a denied claim.
- Positive drug test.
The insurance company may ask for a drug test to see if you were under the influence when the injury occurred. In case you were drunk or under the influence of drugs, the company will use against you to say that the injury was a result of the drug and not because of your working environment.
- You did not cooperate with the insurance company.
The insurance company will ask you to file various paperwork, release medical records, and give a statement about the accident. However, you should avoid giving any statement to the company without consulting your lawyer. You must cooperate with the insurance company to avoid your claim getting affected.