If you are injured while at work or develop an occupational illness, the last thing you expect is that your claim for workers’ comp benefits will be denied. But it does happen.
While it seems sensible that you would receive medical and wage replacement benefits as soon as possible after an injury, the Connecticut Worker’s Compensation Commission requires specific information be submitted to support a claim for benefits. Missing a step, like failing to report your injury to your supervisor, or forgetting to file a formal claim for benefits, can set your case back or result in denial of benefits.
The workers’ compensation benefit system is intended to relieve employers from being sued for workplace injury or illness, while giving employees quick access to the benefits they need to recover and return to work.
If you suffer injury on the job, and your claim for benefits is denied, your physical and financial well-being could be in real peril. While you do not generally need an attorney if you are not having trouble with your workers’ compensation claim, it is important to speak with an experienced lawyer if your claim is denied.
Some reasons why your claim might be denied
Workers’ compensation claims can be denied for a variety of reasons that include the following:
- The employer/insurance company believes your injury or illness is not work-related or was a pre-existing condition.
- Missing or incorrect information is a common reason for denial. A small procedural or information error can cause your claim to be denied or delayed.
- Your claim can be denied if the deadline for filing the claim has passed.
- An employer may claim that you were engaged in illegal activity, such as being intoxicated or taking part in dangerous actions, that had nothing to do with the scope of your employment when you were injured.
- If your employer has classified you as an independent contractor rather than an employee.
In Connecticut, if your workers’ comp claim is denied, there is a hearing process that gives you the opportunity to move your claim forward. If you work with legal counsel, they will be able to advise you on why your claim is being denied and what options you have to correct the issue.
Your first step will be to file a request for an informal hearing. When you file the request, it initiates the process by which you, or your attorney, can offer evidence and information on your behalf.
If the dispute between you and the insurance carrier for your employer cannot be resolved prior to the hearing, the hearing takes place and the Commissioner will listen to both parties and possibly provide a recommendation. If you and the insurance company representative do not agree, the process will continue to a formal hearing or trial.
If you are denied workers’ compensation benefits after an injury at work, talk to an experienced worker’s copmensation attorney about the right next steps for your situation.
Trusted legal counsel on workers’ comp issues in Connecticut
With more than three decades handling workers’ compensation claims in Connecticut, The Williams Law Firm, LLC offers experienced advice and strong representation. Contact us or call (203) 255-7777 to schedule a free consultation to discuss your case.