What Are Common Reasons Workers’ Compensation Claims Are Denied in Kentucky?
If you’ve been injured on the job, you are probably depending on your Kentucky Workers’ Compensation check to help you get by while you’re off work. When workers’ compensation claims are denied, it can take weeks or months for you to appeal the denial, especially if you don’t understand the reasons why your claim was denied. Below are some common reasons why Kentucky workers see their claims for benefits under Workers’ Compensation rejected. If you’re in the midst of applying for Workers’ Compensation, take care to avoid these pitfalls. If your claim has already been turned down for one of these reasons, contact a knowledgeable Georgetown Workers’ Compensation attorney to get help with appealing the denial.
A Workers’ Compensation claim might be denied if your employer claims:
- You hurt yourself off the job: Workers’ Compensation insurance will only pay out benefits for injuries that occur while you’re performing work for your employer. If your employer claims that you weren’t hurt on the job, but instead while at home or while on personal business, or that the injury was pre-existing, then you may be denied coverage. You can contest these claims with the use of your medical records, by showing that you never sought treatment before the work accident for the disabling injury. Also, if an accident at work brought about a “harmful change” in your pre-existing condition, then you are still eligible for coverage under Workers’ Compensation, since it was the work accident that brought about the need for treatment.
- You were behaving recklessly or intentionally when you were injured: If your employer can show that you were intoxicated by drugs or alcohol, engaging in horseplay, or inflicted the injury on yourself deliberately, you may not be able to succeed in a claim for Workers’ Compensation benefits. If these claims are untrue, a Workers’ Compensation attorney can help you gather witness support, security camera footage, or other evidence showing that you were acting reasonably and responsibly when the accident occurred.
- You didn’t report the injury in time: Strict deadlines apply to Workers’ Compensation claims. If your employer claims that you didn’t report the injury within the required time limit after an accident, then you may not be able to obtain benefits for that injury. If your workplace injury is an occupational disease such as hearing loss, then the date by which you must report the injury will depend on when you learned that you had the condition, and may be subject to testimony from a doctor about when you reached a point of being considered disabled by the condition. If you argue that your employer is not being truthful in stating that you failed to report your injury on time, a lawyer can help you gather evidence of the actual date you reported the injury.
If you have been hurt at work in Kentucky and need help getting the compensation you need to care for your family, contact the skilled and trial-ready Georgetown Workers’ Compensation attorney Jeremy Mattox for a consultation, at 502-867-6766.