If your
employer is required to carry workers' compensation insurance, it is natural
that you would expect that you would automatically receive benefits if you
sustain an injury or illness on the job. However, many injured workers are
shocked when they learn that their claim for medical care or income replacement
benefits has been denied. In such situations, an individual must not only worry
about their physical recovery but also about how to pay for the necessary
medical care and to cover basic expenses if they have to miss work.
Fortunately,
a claim denial by your employer or their insurer is not a final decision and
does not necessarily mean that you will not obtain benefits. There is a
specific process you must follow to appeal the decision with the state workers' comp department,2 however, and the
assistance of an experienced workers' compensation lawyer is critical during
this process.
The most
common reasons for claim denial
The reason
behind many workers' comp claim denials is that an employer does not believe
the injury or illness was truly work-related. In order to qualify for workers'
compensation benefits, your injury must have occurred on the job. Employers
often dispute this requirement by claiming the following:
·
Your
injury occurred at home or another location outside the workplace;
·
You
strayed from your job duties and your injury occurred while you were engaged in
activities that were not work-related;
·
Your
injury was preexisting.
Presenting
sufficient evidence to prove that your injury was work-related can be
complicated, but an experienced attorney can help you do so and obtain the
benefits to which you are entitled.
Call a
Delaware workers' compensation attorney for help today
The last
thing you need after suffering a work-related injury is to have your employer
or the insurance company dispute or deny y our claim. You will naturally want
to pursue and appeal as soon as possible so that you do not face unnecessary
financial stress as a result of your injury. At the law office of Zavodnick, Zavodnick & Lasky, our experienced Delaware workers'
compensation lawyers have helped many injured workers receive the benefits they
deserve. Please call 302-364-6047 to find out how we can help you.
