Ideally, filing a workers’ compensation claim after sustaining an injury or taking ill at work should be straightforward. While it is so for many, some workers face different challenges that distract them from focusing on healing. Such employees face claim denials, insufficient proof, medical issues, and ineligibility. 

This article discusses the five typical challenges employees face when claiming workers’ compensation: 

Claim Denial by the Employer

Some employers dispute their employees’ injury claims. If you find yourself in this situation, it is advisable to contact a local personal injury attorney, like workers’ compensation attorney Scott Silberman of Silberman & Lam LLP, to defend your cause. 

Insurers are likely to deny a claim that an employer has disputed its validity. They may allege you were not doing anything work-related when the harm occurred. Sometimes, they even deny the existence of an injury. 

Hurriedly speak with a reputable local personal injury lawyer if you are convinced of your entitlement to compensation. 

Reporting the Claim Late

Some injured workers are sometimes so engrossed in treating their injuries that they forget to adhere to their workplace’s standards. Such persons inform their managers about their harm very late. Your workers’ compensation claim can hit the rock due to a delay in reporting the incident. 

Workplace injury has a strict statute of limitations, and the deadline differs across states. For instance, it is 30 days in some, while others allow an extended period of 90 days. However, the deadline can be longer, depending on the harm or sickness. 

The OSHA mandates employers to report a fatality within eight hours and 24 hours to inform them about eye loss, amputation, or hospitalization. Hence, compensation claims can sometimes run into unexpected challenges due to these strict timeframes. 

Inadequate Medical Proof

You must have numerous documents to convince employers and their insurance companies of how you sustained a workplace injury. They want to see the alignment between your injury and the workplace before taking responsibility. 

While most people can quickly get the documentation via their healthcare provider, others find the process cumbersome. Similarly, the injury type will determine the validity of the available proof. 

An insurance firm will find it challenging to know an injury is work-related if the evidence your healthcare provider gives is void. Inadequate medical proof can mar your case unexpectedly.

Lack of Negotiation Prowess

Medical bills in the US are costly, as they make up approximately seven percent of non-mortgage debt among United States consumers. You may depend on a fair settlement to cater to your medical bills, lost earnings, and continuous disability after sustaining harm at work.

Some insurance firms do not offer an ideal policy. Some workplace injury victims discover that settlement offers fall short of work injury-related expenses. 

You may need a legal professional to resolve this legal impasse. You may have to settle for less if you handle the issue without a professional’s guidance. 

Inability to Link the Injury or Illness

Establishing a link to a working context can be challenging if the conditions develop over time. Examples of such conditions include repetitive stress injuries and occupational illnesses. 

Sometimes, employers and insurers can hold back, alleging a condition you developed over time is not associated with your work. Such an allegation can signal the commencement of legal battles. 

Final Thoughts

Claiming workers’ compensation can be a challenging process, with issues like claim denials, late reporting, inadequate medical proof, poor negotiation, and difficulty linking the injury to the workplace. These obstacles can slow down your recovery and make it harder to get the compensation you deserve. It’s important to be proactive, report injuries promptly, gather proper documentation, and seek legal assistance when necessary.

Working with a qualified attorney can help ensure your claim is handled correctly and increase your chances of receiving the compensation you need to recover. By having the right legal support, you can focus on healing while they fight for your rights and ensure you receive the benefits you’re entitled to.