Your employer is required to provide you with a safe environment to carry out your work responsibilities. So, if you get injured in the workplace because of their inability to cater to your safety, you can sue them and get a personal injury settlement. Employers know this, and they often set up workers' compensation coverage. Thus, you can apply for compensation if you prove that you were injured while working. In such cases, it can be distressing to learn that your claim got denied.
Here are some common causes for rejection and why you should involve a lawyer.
The Employee Is Not Insured
The first step in filing a claim should be to check whether you are insured under the employer's policy. It is crucial to note that not everyone gets covered by insurance. For example, many companies only provide coverage to their permanent and pensionable employees and have few or no products for independent contractors. Accordingly, you must check your job description and contract to confirm that you fall in the insured group. Still, you might need a lawyer from a workers compensation law firm if your employer misclassified you either inadvertently or knowingly. The latter may be because they did not want to insure you. Fortunately, in most states, your employment status depends on the duties assigned to you as a worker and not solely on what your employer says.
Your Injury Was Intentional
It might sound far-fetched, but some people may deliberately create situations that could lead to injuries. However, compensation insurance is only available to cover genuine, and not self-inflicted, workplace accidents. This means that if the insurer and employer can prove that you disregarded safety regulations and requirements or willingly caused the accident, you will likely not get compensated. Nonetheless, if your employer is wrongfully claiming that you inflicted your injuries on yourself, you can hire a workers compensation attorney to argue your case.
There are no Grounds for Your Injury's Compensation
Every state has guidelines regarding injuries for which victims can receive compensation under the law. Therefore, if yours is not included in this list, the insurer might not offer you a settlement. Similarly, if you did not seek medical treatment, the insurer will not have a clear understanding of the nature of your physical injury or its severity. In any event, a lawyer can assist you in setting the record straight and help you get the settlement.
The wisest way to handle compensation claims is to get a lawyer involved from the onset. With their help, the process can be less stressful and more likely to get you an acceptable payment.
Reach out to a law firm like Bollenbeck Law, S.C. to learn more.