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Why are workers' compensation claims denied?

If you've been hurt at work, you likely know that you need to file for workers' compensation. You make a claim through your employer in most cases, and then the workers' compensation insurer reviews your case. In some cases, the claim is denied, even though you have a legitimate injury. Why is that, and what can you do?

If you wait too long to file, you could have your claim denied. Typically, you have no more than 90 days to file your first claim for an injury. If you wait longer than that, the insurance company may deny your claim stating that the injury may not be related to your workplace accident.

If your injury isn't compensable, that could be another reason for a denial. For example, if you suffer from a stress-related injury like post-traumatic stress disorder or anxiety, the injuries might not be covered. Every state is different, and if you can show strong links between the accident and your injury, you can still appeal the denial with your attorney's help.

You could also have a claim denied if you struggle to show how it is work related. If you fell at work and suffered a back injury, there would be reason to believe you have been hurt in that incident. However, if you have a history of herniated disks, the company might argue that your injury was not a work-related injury at all and was actually a pre-existing condition.

If you find that your claim has been denied, you can appeal that decision with your attorney's help. With the right information and evidence, the denial may be overturned.

Source: FindLaw, "Workers' Comp Denied? Here Are Your Next Steps," accessed Jan. 13, 2017

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