Why Your Workers’ Compensation May Be Denied

When you have been injured on the job, you have a right to seek benefits through a workers’ compensation claim. Often, it can seem like an open and shut case, but there can be a number of reasons that your workers’ compensation claim is initially rejected. Here are some of the most common reasons for a denial.

• Your employer disputes the claim—When you are hurt on the job, and you’ve notified your employer, you will most likely be required to submit to an independent medical examination, with a doctor chosen by your employer and/or the workers’ compensation insurance company. Based on the medical examination, your employer may allege that your injury resulted from some other incident and was not work-related, or may contend that your injury is not serious enough to keep you from working. This can be especially true if your claim alleges either an occupational illness or repetitive stress injury.
• You didn’t file your claim in a timely manner or failed to properly report the injury—Under the rules governing workers’ compensation claims, you must notify your employer of any known injury within a specific period of time.
• The injury was preexisting—This is really just another way of saying that your injury was not work-related. As a general rule, a pre-existing injury won’t disqualify you from eligibility for workers’ compensation benefits, provided you were considered fully healed from the prior injury before this accident.
• Misconduct—Though workers’ compensation is generally a “no-fault” system, you can be ineligible if you intentionally engaged in wrongful conduct that caused your injury, or your injury was intentionally self-inflicted.

Contact Attorney Howard D. Popper

To learn your options when you have been injured on the job, contact our office online or call attorney Popper at 973-993-8787. We have offices in Morristown and Newton, but will come to your home or the hospital, if necessary. There is no charge for your first consultation.

We handle all personal injury claims on a contingency basis. You won’t be charged any legal fees unless attorney Popper recovers compensation for your losses.