What are the reasons why worker’s compensation can be denied?

You are entitled to worker’s compensation if you have suffered from a work place injury or have been struck by an ailment due to exposure at your workplace. Hattiesburg, MS worker’s compensation lawyers proclaim that it is not uncommon for a claim to get turned down. If this is the case you will receive a denial letter from your insurance company containing the reasons for the denial.

There are instances when worker’s comp claims are denied even after all rules and procedures have been followed while submitting the claim. If this is the case then you ought to consult a South Mississippi worker’s compensation lawyer who will evaluate your case and may recommend that you file a lawsuit against your employers and its insurance company.

What are the reasons behind a denial of a claim?

1. Sometimes a claim is denied simply because the company does not want to pay even when you may have a watertight claim. This is unethical and not right but it does happen. Often times companies or public agencies fail to pay their yearly insurance premiums and this is the only reason behind turning down your claim.
2. A worker’s compensation claim must be filed within days of the accident. Often claims are denied when you have failed to adhere to the strict deadline of filing a claim as per state regulations. This means that even when you are too overwhelmed with your injury and the resultant pain you will have to find time to file a claim. You could have a friend or family member help you complete the necessary paperwork. If you cannot, and in continuance, do it yourself, ask a colleague, legal aid or a worker-welfare representative to help you out.  
3. The third most common excuse given by employers is that the accident never happened at the workplace. If you find this reason in your denial letter then you ought to find witnesses who can corroborate your story. In addition, make photocopies of log books which indicate your entry time and exit time on the date of the accident. Try gathering as much evidence as possible to substantiate your story.
4. Unfortunately there are some states that do not make compensation mandatory for stress related ailment, petty injuries, and some exposure ailments. This means your claim will not be honored if you want a compensation for any of the above reasons.

The system may not always work with you. In fact, the system may barely work at all. Well, there is always some crack in the wall that you can squeeze through. That crack could probably be widened though considerably if you have a Hattiesburg, MS worker's compensation lawyer working with you. You can find one right here: http://workers-compensation.usattorneys.com/mississippi/. The system may be flawed but this legal digital resource tool is on point. 

Appealing a Claim Denial

Hattiesburg, MS worker’s compensation lawyers will tell you that when you receive the worker’s comp denial letter it is important to read it carefully and make a note of the deadline to appeal.

Make sure to first have a meeting with your employer and the insurance company representatives. If the claim is denied because of some mistake in the paperwork you will get your money if you resubmit the claim after rectifying the errors. However, if the insurance company denies the claim because it simply does not want to then there are other legal steps that you must take and this is when you have a legal professional by your side.

You can appeal to the state labor department and the worker’s compensation board. They will request you to attend an administrative hearing that will be conducted by an administrative law judge. Make sure to present all your evidence, witnesses from the workplace, medical reports, and expert opinions to prove that you are entitled to the claim. By this point, you should have a paper file and a digital file set up. Your Hattiesburg area Mississippi worker’s compensation lawyer will be in the best position to help.

Remember, the deadline for appeals are short. This means you ought to seek help from a legal professional as soon as you get the denial letter. Your legal representative will tell you the best course of action and complete all the complicated paperwork while working with you before an appeal.