Workers’ compensation is an insurance system that provides employees with medical and financial assistance after sustaining an injury in the workplace. That insurance is granted in exchange for the waving of the employee’s right to bring a lawsuit against their employer for negligence. The establishment of workers’ compensation was a two-pronged effort to protect both employees and their employers; employees can get financial and medical help when needed,and employers are protected against high-damage claims that could hurt them financially. That being said,WCBs are also known to make employees jump through a lot of hoops to receive their benefits and can even flat-out deny a claim that is just. For those individuals who are denied their benefits,it is difficult to know what to do after a work comp denial.
Why You Could be Denied
If your workers’ compensation claim is denied,it could be for several reasons. The more severe your injury,the more it will cost the WCB so the more thorough they will be in examining your case. If your employer questions whether or not you sustained the injury at work,that is a huge complication. If there is the suggestion that you have a pre-existing condition that could have contributed to your injury,that will also hurt your claim.
How a Lawyer can Help
A- can help with complex workers’ comp claims by preparing their clients for the questions that will be coming their way and by appealing a denial. Most often,employees will have to undergo an independent medical exam to assess their medical condition,their ability to continue work,and whether or not a pre-existing condition could have contributed to it. Your- will prep you for this exam as,often,these doctors are selected by the WCB and paid by the WCB,so they are not 100-percent unbiased and independent.