If you are denied coverage through workers’ compensation, it is a good idea to speak with a lawyer to protect your eligibility and get what you deserve for your work-related injury.
Businesses in Missouri are required to carry workers’ compensation insurance if they employ more than five workers or are in the construction industry.
Workers’ compensation insurance is meant to compensate a worker who is injured while they are engaged in work-related activities on the job.
Workers’ compensation insurance is in the business for one reason, to turn a profit. The way that they do so is by limiting the amount that they pay out to those who make a claim for workers’ compensation.
Insurance companies seek to limit their liability for an accident, or to deny it, altogether. If you have had your claim rejected, then you have the right to appeal the decision, but it is generally not a good idea to pursue an appeal on your own without an experienced workers’ compensation attorney.
Why a Workers Comp Claim May Be Denied
Although workers’ compensation eligibility is not based on the doctrine of negligence, other conditions need to be met for a worker to be eligible. For a worker to collect workers’ compensation benefits they have to be injured while working under the authority and the scope of their employment duties.
The insurance company might try to deny that your injury happened while you were engaged in work-related activities, that your injuries aren’t as extensive as you claim, or that you weren’t even injured at all.
If they believe that you aren’t truthful about your injury, they are allowed to make you submit to an independent medical examination (IME). Another reason that an insurance company might deny your claim is that not all workers are entitled to collect workers’ compensation.
If you are an independent contractor, a seasonal worker, or you work as an offshore seaman, then you may not be covered by the workers’ compensation system, which would leave you without benefits.
How Can You Get Your Denial Overturned?
If a workers’ compensation insurance company denies you coverage, you do have the right to appeal the decision; but, if the decision stands, then you are not going to be able to collect compensation for your injuries. That is why it is vital that you speak with a workers compensation lawyer to defend your case and to win your appeal.
“But I Can’t Afford an Attorney…”
You may think that you can’t afford a workers’ compensation attorney but the truth is that you can’t afford to hire one. Most lawyers who deal in workers’ compensation law work on something called a “contingency basis.”
A contingency basis means that they do not charge for their services unless they can recover the cost of your injuries. So, even if they do charge to win your case; the critical fact is that you won your case, and get all that you deserve.
If you are denied coverage through workers’ compensation, it is a good idea to speak with a lawyer to protect your eligibility and get what you deserve for your work-related injury.