Can Your Workers’ Compensation Claim Be Denied?

The law requires most employers to have workers’ compensation insurance in the event an employee is injured while on the job. The benefit of workers’ compensation claim is that you don’t need to prove fault to file the claim. However, while some workers’ compensation claims are accepted, some can be denied. If you are considering filing a claim, or you already have, see why it may be denied.

Does Your Employer Have Workers’ Compensation?

The rules vary from state to state, but in many states, employers with only a handful of employees may be allowed to waive workers’ compensation insurance. In Minnesota, however, this is not the case. There is no minimum number of employees an employer must have before they are required to purchase workers’ compensation insurance. Therefore, your employer should have workers’ compensation insurance.

If they don’t have workers’ compensation claim, however, there are some steps you can take. First, you may be allowed to file a workers’ compensation claim with the state’s uninsured employer’s fund.  In other cases, you may be able to sue your employer. Normally, workers’ compensation insurance prevents you from suing your employer except in special cases, but if they don’t have it, it can’t protect them.

Were You Working at the Time of the Accident?

If you’re at home and trip down the steps, you can’t file a workers’ compensation claim if you weren’t working at the time of the accident. For an injury to qualify for workers’ compensation insurance, you must have been injured while on the job for in the course of your job duties. However, working in the home can be covered in some instances.

For example, your boss sends you to deliver some products to a potential client, but on the way into the client’s building, you trip over the sidewalk and hurt yourself. Even though you aren’t at your place of business, you are still working. On the other hand, if you headed home directly after dropping off the products but got into an accident, your claim may be denied.

Were you working as an Independent Contractor

Many times, employers may pay you as an independent contractor but you may still be entitled to workers’ compensation benefits depending on the circumstances. Commercial truckers have special rules and so do building contractors who are subcontractors.

Do You Have a Pre-Existing Condition?

Claims involving pre-existing conditions can be complicated and difficult to pursue. If you have osteoarthritis in your back, and your work involves lifting boxes, the repetitive stress may cause your condition to worsen. However, if you were able to perform your job duties even though you had a pre-existing condition, then you may have a claim for an exacerbation of an underlying condition. These claims can be difficult to prove but seeking advise from an attorney may benefit you.

A workers’ compensation claim is not necessarily black and white. Many problems can arise in a case, which can affect your claim or settlement. If you would like to know more about how to get your workers’ compensation claim accepted, contact us at Walz Law Office today.