When you have suffered a job-related injury, workers compensation provides payment of medical expenses, lost wages, and other benefits. Even though the employer has insurance to cover employees who are hurt on the job, there are times when a workers compensation claim will be denied. The reasons for a denied claim may range from simple clerical errors to an employee not meeting the eligibility requirements.
Did Not Notify the Employer of the Injury Before the Deadline
If you sustained an on-the-job injury, you must submit a written notice of your injury to the employer within 90 days from the date the incident occurred. If you were diagnosed with an occupational illness, you must notify the employer within one year of becoming aware that your medical condition was caused by the environment or activities in the workplace. Failing to report your injury or illness in a timely manner could jeopardize your claim.
Employer Disputes that the Injury is Work-Related
The employer may dispute the validity of your claim. The employer could argue that you are suffering from a pre-existing condition or the injury occurred due to activities outside the scope of your employment. The employer may also state that the injury doesn’t exist or isn’t as severe as reported.
If you retain the services of a workers comp lawyer Oregon, you would have someone fighting to protect your interests. The lawyer knows how the claims process works and would be able to guide you every step of the way. The attorney could present a strong case on your behalf by submitting evidence, such as medical records and additional documentation, that supports your assertion that you are entitled to workers compensation benefits.
Under the Influence of Alcohol or Drugs When the Injury Occurred
If you were under the influence of drugs or alcohol at the time you were injured, the employer is not required to provide workers compensation benefits. The consumption of alcohol or drugs puts you at greater risk of getting hurt and it may also compromise the safety of your co-workers. Therefore, your claim will likely be denied if you test positive for drugs or alcohol.
Appeal a Denied Workers Compensation Claim
Workers compensation can relieve some of the financial burdens you may be dealing with while recovering from your injury. If your workers compensation claim was denied, you have the right to file an appeal. Since the appellate process is complicated and involves strict deadlines, it’s beneficial to contact a workers comp lawyer Oregon for assistance. An attorney will be able to evaluate your claim and explain the best way to proceed.