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  • The Next Steps When Your Employer Denies Your Worker’s Compensation

    July 13, 2020 | News
  • worker’s compensation belleville il

    Injuries happen, but what happens when you get injured on the job? You file your workers’ compensation claim and wait for approval. But you were denied and cannot afford the medial expenses out of pocket. Not to mention, your employer is hounding you to get back to work as soon as possible. With everything going on, chances are you have felt like things were not exactly fair. So, what do you choose? Job security or recovery? Are there any other options?

    First, identify why you were denied workers’ compensation. Often, when you are denied you will receive little to no explanation. Why there are valid reasons to deny one of workers compensation, there are instances you are denied under poor judgement. If you feel as if you were wrongfully denied, this is the key information that you need to know.

    When Can My Employer Deny Me Workers Compensation?

    The most common reasons for denial are when your injury is not work-related or is not covered. Therefore, if you were not on the clock and did something out of character, you probably will not qualify for benefits. Other common reasons for denial are listed below:

    • Willful misconduct or horseplay
    • Self-inflicted injury
    • Intoxication/Illegal drug use
    • Failure to follow instruction on how to file a claim
    • Waiting too long to file your claim

    Situations Where You Have Been Wrongfully Denied

    If an employee files a claim, it is the legal responsibility of the employer to investigate and assess your situation. Some examples of being wrongfully denied are as followed:

    • Falsely accusing the employee of willful misconduct
    • Threatening that the employee will be let go/demoted
    • Failure to do a thorough investigation
    • Misrepresenting the employee’s rights under the state
    • Intentionally offering less compensation than employee is entitled
    • Denying payment of benefits without written justification

    If you follow suit with filing your claim properly and on time, you should more than likely receive the benefits that you are entitled to. If you were injured on the job in a work-related fashion. If you have any further questions or concerns, contact your local attorney and they can look over your situation.