Worker’s compensation is that safety net that’s supposed to help you when something goes wrong on the job, like an injury or an illness that suddenly turns your life upside down.
But if you’ve started or are in the middle of a workers’ compensation claim, you’ve probably realized it’s not always smooth sailing.
You might’ve thought that the process would be pretty straightforward: You get hurt, you file a claim, and you get financial coverage for all your economic and non-economic damages.
But, unfortunately, that’s not always the case. Sometimes, workers’ compensation claims are riddled with challenges that can make the process frustrating and overwhelming. Attorneys specializing in workers’ compensation cases can help you through these challenges.
Here are some challenges you might face during the course of your workers’ compensation claim.
Your Claim Gets Denied
There’s nothing more frustrating than getting a letter in the mail telling you your workers’ compensation claim has been denied. You’ve been injured, you’re out of work, and now they’re saying, “Sorry, no benefits for you.” It feels like a slap in the face.
But why do claims get denied? A lot of times, it comes down to a few common reasons:
- Not enough evidence: If you don’t have enough proof that your injury happened at work, they’ll deny your claim. This is where things like accident reports, medical records, and witness statements come in handy.
- Pre-existing conditions: If the insurance company thinks your injury is related to an old issue you had before you started the job, they might deny your claim.
- Missed deadlines: As we just talked about, if you don’t report the injury in time, that’s a red flag for them.
- They say it didn’t happen at work: Sometimes, they’ll argue that your injury didn’t actually happen on the job.
Getting denied isn’t the end of the road, though. You can appeal the decision, but you’ll need to gather all the evidence you can to back up your claim.
The Insurance Company Downplays Your Injury
Let’s say the insurance company agrees that you were hurt at work, but they don’t think it’s as bad as you say it is. This is a pretty common situation. They might try to say that your injury isn’t serious enough to keep you from working, or they might push you to go back to work before you’re ready.
If they think you’re ready to work but you know you’re still in pain, you’ve got to stand your ground. They might send you to one of their doctors for an “independent” exam. (By the way, it’s not always as “independent” as it sounds; they often lean towards downplaying your injury.)
If this happens, get a second opinion from your own doctor and make sure you have all your medical records in order. The more documentation you have, the better you’ll be able to push back and show that your injury is serious.
Delays in Getting Your Benefits
Even if your claim is approved, there’s another challenge you might run into: waiting. And waiting. And more waiting.
Sometimes, the benefits don’t kick in as quickly as they should. This could be the payments for your medical bills or the compensation you’re supposed to get while you’re out of work. Either way, it can be incredibly frustrating when you’re counting on that money to make ends meet.
There are a few reasons for these delays. Sometimes it’s just the system being slow, you know, bureaucracy at its finest. Other times, there might be disagreements about your treatment or the extent of your injury that can slow things down.
And sometimes, it’s just an overworked insurance department that hasn’t gotten around to your case yet.
Your Employer Retaliates Against You
Some employers will actually retaliate against you for filing a workers’ compensation claim. It could be something obvious, like getting fired or laid off soon after you file your claim. Or it could be more subtle, like your hours getting cut, getting demoted, or being assigned the worst jobs at work.
Retaliation is illegal, but that doesn’t mean it doesn’t happen. If you feel like your boss is punishing you for filing a claim, your best option would be to talk to a lawyer. You shouldn’t have to deal with that kind of treatment on top of your injury.
