If your workers’ compensation claim has been denied, you may be wondering what your options are now. Your employer could have denied your claim for a handful of different reasons, however, it is important to know that not all hope is lost. To set your claim up for success, there are several different guidelines you should follow and rules you should understand after you are injured on-the-job. Knowing WHY your employer denied your claim can be powerful information in your fight for the rights you deserve as an injured employee. Each workers’ compensation claim is different so hiring an attorney can be an ideal way to ensure each step of the process is clearly outlined and explained.

Why Your Claim Was Denied

1. Timely notice: You must notify your employer of your injury within 30 days of when your injury occurred. If you don’t notify your employer within this timeframe, they have the option to deny your claim unless you have a significant reason as to why it took you an extended period of time for notification.
2. Filing your claim: There are strict statute of limitations as to how long you can wait to file your workers’ compensation claim. If your employer has not paid any checks or assisted with medical treatments as a result of your injury, you have one year to file a claim or you lose the option to do so. If your employer has paid checks or covered medical treatments, you have two years from the last day of treatment or when you received the last check. These statute of limitations are extremely important to understand because even if you have a compelling case, if you do not file it within these time parameters, your employer has every right to deny the claim. 
3. Injury causation: Many times, employers deny workers’ compensation claims because they believe the causation of the injury was from influences outside of the workplace. If you have a pre-existing medical condition that has been worsened while performing work-related duties, please understand that you are likely still eligible for workers’ compensation benefits. If you are able to prove that your pre-existing condition has been aggravated and has resulted in a new injury, you are entitled to the same benefits as any other injured worker. 

Next Steps

If one of these three categories describes why your employer has denied your workers’ compensation claim, don’t wait any longer to contact Poirier Law Firm for expert legal advice. Over the past 21 years, our team has worked to get upwards of 80% of our client’s denied cases paid before even having to go into deposition or litigation. Avoiding the courtroom saves time and ensures you are able to focus on what matters most after a workplace injury—your health! Do not be discouraged if your employer denies your claim initially. Working with an attorney will allow you to learn about the many different avenues that can be explored to fight for your rights for workers’ compensation!