Workers’ compensation insurers deny many legitimate claims, forcing honest and innocent employees to hire a lawyer and go through the workers’ compensation system to enforce their rights. Why do they deny rightful claims? Some of the main reasons why workers’ compensation insurers deny claims are the following:
Workers’ compensation insurers never like unwitnessed injuries. They question the vast majority of unwitnessed accidents. If you get hurt at work and no one saw your accident, there is nothing that you can do about that. But you should certainly make sure to report the injury to your co-workers and to your supervisor immediately, and you should make sure that you tell everyone the exact same thing about how your injury occurred.
Workers’ compensation insurers don’t like cases where the accident doesn’t get reported immediately either. They assume that, if you don’t report the accident immediately, you weren’t really hurt. Moreover, most states’ workers’ compensation laws require you to report work related injuries within a short time period, sometimes in as little as seven days. Don’t wait. If you get hurt at work, and you think that your injury has the slightest chance of causing you to miss any work, report it immediately to a supervisor and fill out an accident report. That will comply with the law and will help your chances of getting benefits as soon as you need them.
Insurers will often deny workers’ compensation claims if the employee’s statements about how the accident happened are inconsistent. If you tell your supervisor that the accident happened one way, but tell your doctor that the accident happened in a different way, that will hurt your case. Make sure that, when you tell co-workers, supervisors, people in the personnel office, and health care providers about the accident happened, you are consistent.
If an employee goes to the emergency room after a work-related accident, and the emergency room records show illegal drugs in the employee’s system, the insurer is almost definitely not going to voluntarily pay workers’ compensation benefits to that employee.
Sometimes, employees who were legitimately injured at work delay filing a workers’ compensation claim and by the time they get around to filing the claim, they get fired or laid off. Insurers never like workers’ compensation claims that are filed after the employee gets fired or laid off. They almost always assume that the claim is nothing more than a revenge claim. This is another reason not to wait to file a claim if you have a legitimate work related injury. If you get laid off before you file your claim, you are going to have a difficult time convincing the insurer and the workers’ compensation judge that you really did have a work related injury.
Workers’ compensation insurers will often ask injured employees to give a recorded statement describing the accident and the injuries. Unfortunately, that puts the employee in a difficult position. As a general rule, giving a statement will not help an injured employee who does not have a lawyer. Nor is the employee legally required to give the insurer a recorded statement. If the insurer asks for a statement, that is usually a sign that the insurer has a problem with the case. If the employee gives the statement, the insurer is still probably not going to put that employee on workers' compensation benefits. But if the employee refuses to give the statement, then the adjuster can tell the employee that his/her failure to give the statement prevented the insurer from starting compensation benefits.
Insurers will also generally ask the employee to sign medical authorizations that will allow the insurer to write directly to the employee’s health care providers to get the employee’s medical records and bills. Again, the employee generally has no legal obligation to sign medical authorizations. An injured employee who is filing a workers’ compensation claim does have the obligation to give his/her medical records and bills relating to the work accident to the insurer, but he/she can meet that obligation by simply getting the records on his/her own and sending them to the insurer.
However, insurers don’t like when employees do that. They don’t trust injured employees. Insurers like to get the medical records on their own. That way they can be sure that they get a complete file, not one that has been cherry-picked. The problem with medical authorizations is that sometimes the insurer will invade your privacy and get medical records that do not relate to the work accident.
If the insurer pushes you to sign a medical authorization and you would prefer not to sign one, then you should contact a workers’ compensation attorney immediately, and let him/her deal with the insurer.
For more on making a successful workers' compensation claim, see Tips for Making Sure Your Workers' Compensation Claim is Paid.