If given the choice, most people wouldn’t decide to spend money to hire an attorney if they’re able to make due without one. That said, when the situation truly does require the services of an attorney, it’s always in your best interest to seek out an experienced and reputable lawyer to help you with your case.
3 Times Employers May Try to Deny Workers’ Compensation Claims
Most workers in Kansas have protection from injuries on the job and work-acquired illnesses. Businesses have to carry workers’ compensation insurance policies that indemnify them and protect their employees. Anyone, including part-time and temporary workers, should be able to apply for benefits.
Whether one of your co-workers makes a mistake and hurts you on a production line or your doctor diagnoses you with a back injury caused by your work, you can potentially ask for both medical coverage and disability benefits. Sometimes, employers fight against benefits claims by their employees.
When might your employer try to prevent you from securing benefits?
When They Think the Injury Doesn’t Come from Your Job
One of the most common reasons that employers or their insurance companies test a claim for benefits is the belief that the worker incurred their injury elsewhere. Especially when a worker gets diagnosed with a work-acquired medical condition and did not suffer an injury during ease specific incidents, they may need to build a case connecting their diagnosis to their job responsibilities to get benefits.
When They Think Your Blame for The Injury Absolves Them of Liability
Typically, workers’ compensation insurance in Kansas provides no-fault coverage. Workers don’t have to worry about losing benefits if they make a mistake on the job, and they don’t have to prove that their employer did something wrong to get benefits either.
However, if someone violated company policy, if they hurt themselves on purpose or if they got hurt because they were under the influence of drugs or alcohol at work, their employer could potentially use those actions as justification for a denied claim.
When They Don’t Believe the Injury Is Real
Maybe your manager has seen you walking normally a few times and then jumped to the conclusion that your injury may not be that bad. Perhaps the diagnosis on the paperwork from your doctor seems too extreme given your symptoms or the situation that caused your injury. If your employer questions whether you actually got hurt or the severity of your symptoms, they may deny your claim.
Some employers will try to fight back against even obviously valid workers’ compensation claims simply because they don’t want their policy premiums to increase. If your employer contests your claim from the earliest stages without providing a strong reason why, their goal may simply be to minimize their costs even if it means violating your rights as a worker.
Those denied workers’ compensation benefits may need to appeal a decision or possibly head to civil court to get the benefits they require. Knowing your rights during a workers’ compensation claim will reduce your chances of a failed claim or a lengthy dispute with your employer.
In Kansas, individuals who are involved in an auto accident or who suffer a personal injury may be able to seek financial compensation by filing a claim, regardless of the at-fault party. However, there are various statutes and rules guiding how to file injury claims and your options to recover damages after an accident or personal injury.
Whether you were in a catastrophic accident or you lost a loved one in an accident, you deserve the help of a personal injury lawyer who cares about helping you get back on your feet.