Unfairly Denied WC Benefits? What to do Next
Despite the fact that Mississippi workers’ comp is meant to be a no-fault insurance which pays medical expenses and wage loss for workers injured on the job, many legitimate claims are denied. The denial of these claims forces honest employees to hire a lawyer in order to receive benefits they are rightfully entitled to. Even though an employee may have a legitimate workers’ comp claim, some of the primary reasons claims are denied include the following:
- The worker failed to report the injury immediately;
- There were no witnesses to the accident;
- The workers’ comp claim was filed after the employee was fired or laid off;
- The initial medical records following the injury indicated the presence of alcohol or illegal drugs in the employee’s system;
- A discrepancy exists between the initial medical records and the employee’s accident report, or
- The employee refused to sign a medical authorization or refused to give the insurance company a recorded statement.
Workers’ compensation insurers don’t like injuries with no witnesses to corroborate. The vast majority of unwitnessed accidents are questioned, yet there are instances in which an employee is legitimately injured, yet nobody witnessed the accident. Even if your accident was unwitnessed, you should still report it immediately, and ensure that your story stays exactly the same regarding how the accident occurred. Insurers also don’t like it when an accident is not reported immediately, assuming the employee who doesn’t report the accident immediately couldn’t have been hurt all that badly.
Unfortunately, many employees who are absolutely not trying to be deceitful, wait a few days following their accident to see if their injuries resolve or if they are bad enough to report. Even if you think your injuries are not all that serious, report the accident to the proper person immediately. If your injuries heal soon, no harm done, and if they don’t, you won’t have to answer the question of why you didn’t immediately report the accident.What to Do If Your Claim is Denied
If your workers’ compensation claim was unfairly denied, the best thing you can do is talk to an experienced Mississippi workers’ comp lawyer immediately. The initial denial of a claim is somewhat standard, in order for insurance companies to keep their clients’ premiums as low as possible. Claims are carefully scrutinized in an attempt to deny or reduce benefits. Your attorney can address this situation immediately, in order to get you the benefits you deserve.
There are other reasons you may want to speak to an attorney regarding your workers’ comp claim. A contested workers’ comp claim can sometimes take as long as two years to finalize and can stall out for multiple reasons along the way. Your workers’ comp attorney can determine what the problem is and deal with it. You may have received benefits, but you feel the amount is not fair. Although the amount generally awarded workers for wage loss is only about 2/3rds of your normal weekly salary, you may have been denied benefits you are entitled to. If so, your attorney can determine whether you were entitled to more money.Getting the Help You Need Following a Workers’ Comp Denial
In some instances, a worker is fired because they are unable to return to work following their accident. If this happened to you, your workers’ comp attorney can help you, as an employer is not allowed to legally terminate a worker because that worker filed a workers’ comp claim. The only way your employer can fire you, is if you have been medically cleared to return to work and refused to do so. Being denied compensation you are legally entitled to can be frustrating. You may see your medical expenses mounting alarmingly, and could be unable to pay your bills because your claim was denied. Don’t wait, hoping the situation will resolve itself. Call a knowledgeable Mississippi workers’ comp today for the help you need.Contact Our Mississippi Workers Compensation Lawyers
If you are considering a workers’ comp settlement, or if your workers’ comp claim has been denied, speak to a knowledgeable Mississippi workers’ comp attorney as soon as possible. At Coxwell & Associates, PLLC, our attorneys fight aggressively for injured employees and their families – to ensure that they receive the money they need to fully recover. Contact Coxwell & Associates today at 1-601-948-1600 or 1-877-231-1600.