Why Was My Worker’s Comp Claim Denied?
- Posted on: Jul 17 2018
If your worker’s comp claim has been denied, you’re likely to be shocked and disheartened. Unfortunately, a number of these claims do come back denied. If your case was denied, it could be because of one of these very common reasons.
You Missed the Deadline
Worker’s comp cases must be filed in New York in a very timely manner. You only have two years from the date of the accident to file your claim. You need to inform your employer of the accident as soon as you can and do so in writing if at all possible. This creates a record showing that you informed your employer of the accident. You need to do this within 30 days. If you’ve missed these or any other deadlines involved in filing your worker’s comp claim, it may be denied simply because it was filed late.
Your Injury Doesn’t Fall Under Worker’s Comp Injuries in New York
Each state defines and limits worker’s comp cases in specific ways. It may be possible that New York doesn’t include your specific injury or cause of injury in its worker’s claim laws. If your injury wasn’t severe, for example, you may not qualify for worker’s comp. You will want to work with an expert medical professional to determine the extent of your injuries before you file your case.
Your Employer Disputed the Claim
Your employer may have disputed your claim, stating that you weren’t at work while you were injured or that your injury was due to a condition that occurred before you were hired. It can be difficult to fight this type of claim if you don’t have witnesses, video of the accident, or other proof. If your employer has disputed the claim, you can appeal, but you will certainly need to have as much evidence as you can possibly get. This includes medical reports, witness testimony, and any other proof you can submit that backs up your claim.
Working with the Right People
Your worker’s comp claim has a much higher chance of being approved if you partner with the right people. Maximum Orthopedics is one of New York’s top worker’s compensation professionals, and we’re here to help you file your claim and receive the compensation you deserve. Contact us today to learn more about how we can help you.