Reasons Why a Workers’ Compensation Claim May be Denied

If you were injured while at work, you may be entitled to benefits by filing a Workers’ Compensation claim. After you file a claim, it may take some time before you receive a decision. During that time, it’s only normal for an injured person to wonder  if the insurance carrier may deny the claim. Denied claims are an unfortunate reality and can happen for various reasons. Although not an exhaustive list, some reasons why a claim may be denied:

  • Delay in filing your claim. There are certain deadlines a claimant is required to meet when he or she files a workers’ compensation claim, which are usually determined by the state. In New York, if a person is injured on the job he or she should notify their employer of their injury within 30 days from the date of injury. Subsequently, a claimant has two years to file his or her claim.
  • The injury occurred off-site. If the injury you are reporting did not actually occur on your employer’s property, your claim may be denied. Typically, to qualify for a workers’ compensation claim, the injured person must have been injured while in the “course of employment.”
  • Misconduct. If the injury was the result of some underlying misconduct, the claim may be denied. For example, if you were injured on the job while using drugs or alcohol, or if the injury occurred as a result of horseplay, the claim may be denied.

Workers’ compensation laws can be complex, so its important to consult with a workers’ compensation attorney to help you get the peace of mind you need. An experienced workers’ compensation attorney can help you put together your claim, and guide you through the process.

The Law Offices of George Poulos is an experienced Workers’ Compensation, personal injury, bankruptcy, and Social Security Disability law firm with offices in Queens and the Bronx. If you require strong legal representation, contact our firm today to schedule a free consultation.